IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32312 of 2008
1) Ashok Kumar Sharan, son of Late Sri Anjani Kumar Sharan,
2) Smt. Anita Saran, wife of Ashok Kumar Sharan, Mohalla Maripur, PS Kazi
Mohammadpur, Dist. Muzaffarpur.
Vs
The State of Bihar.
2 30.6.2011
Heard the parties.
This application has been filed for quashing the order,
dated 18.6.2008 passed by the Addl. Sessions Judge, FTC III,
Muzaffarpur in S.T. No. 540/2003 by which the application for
discharge has been rejected.
The main question in this case is that section 307 of
the Penal Code would not apply as the injuries are simple in
nature.
All these aspects of the matter shall be considered by
the trial court on evaluating the evidence, the medical report and
the manner of occurrence.
This court finds no reason to interfere with the
impugned order. This application is dismissed.
haque ( Sheema Ali Khan, J.)