IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38361 of 2008
1. Pritam Lathor son of late Brish Lathor.
2. Ramakant Lathor son of Pritam Lathor.
3. Ranjay Lathor son of Pritam Lathor
4. Beyas Lathor son of Pritam Lathor
5. Rahul Lathor son of Harikant Lathor.
All residentof village- Pipra, Police Station Mairwa, District- Siwan.
Versus
The State Of Bihar
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2 21.07.2011 Heard learned counsel for the petitioners and learned
counsel appearing on behalf of the State.
The petitioners are aggrieved by the order dated
19.07.2008 passed by the Ist Assistant Sessions Judge, Siwan in
Sessions Trial No. 221 of 2008 arising out of Mairwa P.S. Case
No. 76 of 2007 refusing to discharge the petitioners for the
offence under Section 307 of the Indian Penal Code.
This Court finds with the order of the Ist Assistant
Sessions Judge, Siwan is very cryptic. Not a single reason has
been stated for rejecting the application. The Court ought to
have seen whether there is any allegation in the first information
report which indicates that there was an intention on behalf of
the petitioner to kill the informant and his family members. It
would appear that the occurrence has taken place due to a fight
of dogs belonging to the two families..
I, thus, quash the order impugned and direct the Court
below should pass fresh order in accordance with law within a
period of two months from the date of receipt of this order. The
petitioners are directed to produce the copy of this order within a
2
period of one month before the concerned court, failing which
this application shall stand dismissed.
This application is allowed.
Md. Ibrarul ( Sheema Ali Khan, J.)