High Court Patna High Court - Orders

Bhrigu Thakur & Anr vs State Of Bihar on 28 July, 2011

Patna High Court – Orders
Bhrigu Thakur & Anr vs State Of Bihar on 28 July, 2011
              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
                                 ********

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.)