IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.41157 OF 2008
1. DINESH RAI, SON OF NAGESHWAR RAI
2. MANI KANT RAI, SON OF NAGESHWAR RAI
3. PARWEEN KUMAR RAI, SON FO DINESHWAR RAI
ALL RESIDENT OF VILLAGE SAKARPURA, POLICE STATION HASSANPUR,
DISTRICT SAMASTIPUR
................................................................................PETITIONERS
VERSUS
THE STATE OF BIHAR
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2 28/07/2011 Heard Counsel for the petitioner and the
A.P.P. appearing on behalf of the State.
This application has been filed against the
order dated 22.07.2008 passed in Hassanpur Police
Station Case No. 18 of 2008 (Trial No. 2465 of 2008) by
which the Judicial Magistrate, 1st Class, Rosera,
Samastipur has taken cognizance for the offences
alleged to have been committed under Sections 341,
323, 342, 452, 307, 380, 504 and 34 of the Indian
Penal Code.
Learned Counsel for the petitioner submits
that the petitioners have been implicated in this case
due to civil dispute between the parties. It is submitted
that the allegation is that petitioners threw stones and
assaulted with a lathi, injuring the informant and his
family members. The nature of the injury has been
described as simple inflicted by hard blunt substance.
Prima facie, the Court below has found that
2
the allegation under Section 307 and other allied
sections of the Indian Penal Code are made out against
the petitioners.
For the reason that it would delay the matter
by issuing notice to the informant as this matter would
require that other side should be heard, this Court is
disposing of this application with the observation that
on perusal of the First Information Report and the
injury report, it does not appear that a prima facie case
is made out under Section 307 of the Indian Penal
Code.
This order may be brought to the notice of
the Court below by the petitioner at the stage of framing
of the charges. At that stage, the informant would also
get an opportunity to be heard. The Court below will
pass orders after considering the aforesaid aspects
pointed out by this Court along with any other
materials produced by the parties.
This application is disposed of with the
aforesaid observations and directions.
Anand (Sheema Ali Khan, J.)