Patna High CourtCR. MISC./77347/2019disposed

Nisha Kumari Yadav @ Nisha Kumari v. The State Of Bihar

2019-12-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77347 of 2019 Arising Out of PS. Case No.-476 Year-2017 Thana- KOTWALI District- Patna ====================================================== Nisha Kumari Yadav @ Nisha Kumari D/o Late Munna Rai Resident of Goriya Toli, P.S.- Kotwali, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagannath Prasad For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This application has been filed for quashing of the order dated 02.07.2019 passed by learned Additional Sessions Judge-VI, Patna in Sessions Trial No. 269 of 2018, by which a discharge petition has been filed by the petitioner was rejected. The ground for quashing is that there is no material against the petitioner who happens to be the married daughter of the deceased but the learned Trial Court without considering the above, dismissed the application for discharge filed by the petitioner and failed to appreciate that continuation of trial is an abuse of the process of the Court.

On the other hand learned A.P.P. has opposed this application on the ground that the petitioner is named in the F.I.R. The allegation of demand of dowry and cruelty is also against her.

Patna High Court CR. MISC. No.77347 of 2019(2) dt.02-12-2019 2/2 Having heard both sides, from perusal of the impugned order, it appears that the learned trial Court without discussing the evidence against the petitioner, dismissed his application for discharge. In view of the above this application is allowed and the case is remitted back to the learned trial court for considering the application for discharge filed by the petitioner afresh and dispose of the application after discussing the materials available on the records against her by a reasoned order.

(Vinod Kumar Sinha, J) Rahul Mishra/- U T