IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.41047 OF 2008
1. BHRIGU THAKUR, SON OF LATE ADALAT THAKUR
2. SHTROHAN THAKUR @ ROHAN THAKUR, SON OF ALTE AMIR THAKUR
BOTH RESIDENT OF VILLAGE SRIPUR, POLICE STATION BARIYARPUR,
DISTRICT SARAN
....................................................................................PETITIONERS
VERSUS
THE STATE OF BIHAR
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2 28/07/2011 Heard Counsel for the petitioners and the
A.P.P. appearing on behalf of the State.
This application has been filed against the
order dated 10.06.2008 passed in Bariyarpur Police
Station Case No. 51 of 2000 (Sessions Trial No. 58 of
2000 by which the Additional Sessions Judge, Fast
Track Court No. I, Saran at Chapra has refused to
discharge the petitioners for the offences alleged to have
been committed under Section 313, 314, 201, 120B/34
of the Indian Penal Code.
The allegation is that Binda Thakur had
illicit relationship with Jonhi Kumari, as a result of
which she became pregnant. It is said that Binda
Kumari got the lady aborted which resulted in the death
of Jonhi Kumari.
Another case being Baniyapur Police Station
Case No. 60 of 2000 was instituted by the brother of the
deceased lady, in which it is alleged that the informant
2
of Baniyapur Police Station Case No. 51 of 2000, who is
also the Chowkidar, took a sum of Rs. 2,000/- for
allowing the informant to burn the dead body of his
sister.
It is submitted on behalf of the petitioners
that the informant i.e. the brother of Jonhi Kumari has
stated that the deceased died due to stomach pain.
This fact may be brought to the notice of the
Court below during the trial of the case. At this stage, I
do not find any reason to interfere with the order
impugned. This application is accordingly dismissed.
This Court however observes that Baniyapur
Police Station Case No. 60 of 2000 should be expedited
and if possible, committed. If it is committed, the
charges should be framed within a period of three
months from the date of commitment, and after
commitment, both the cases may be heard side by side,
provided that there is no legal impediment in expediting
Baniyapur Police Station Case No. 60 of 2000.
This application is disposed of with the
aforesaid observations and directions.
Anand (Sheema Ali Khan, J.)