High Court Patna High Court - Orders

Kumar Raza Khan vs State Of Bihar on 27 October, 2010

Patna High Court – Orders
Kumar Raza Khan vs State Of Bihar on 27 October, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.33760 of 2010
                                  KUMAR RAZA KHAN
                                           Versus
                                    STATE OF BIHAR
                                         -----------

2. 27.10.2010 Heard Sushri Neelu, learned counsel for the

petitioner and Shri Yogendra Kumar, learned A.P.P. for the

State.

Learned counsel for the petitioner attempted to

convince the Court that materials, even to raise grave suspicion

against the petitioner of committing offences for which the

learned 4th Additional Sessions Judge, Rohtas at Sasaram

directed framing of charges against him and other accused by

his order dated 20.7.2010, were not available to him when he

was passing that order in Sessions Trial No. 187 of 2010. She

also took the Court to the provision of Sections 304(B) of the

Indian penal Code and referred to the findings recorded by the

learned trial Judge itself that it was a case of suicide and there

was some material in the case diary indicating as if the lady

might have an unhealthy mind which could have led her to end

her life.

The learned Additional Sessions Judge while

passing the order has referred to a number of paragraphs of the

case diary containing the statements of the witnesses which

indicated as if there were sufficient materials to indicate that

there was a demand of dowry and that the lady was being

harassed in that connection which might have led her to commit
2

suicide.

As regards the ill-mental health of the lady, as

argued by the learned counsel, this could be a defence which

could not be taken into consideration at the time of framing of

charges as the duty of the court is confined only to look to the

material which cold indicate sufficient ground for proceeding

against the accused for presuming that the accused has

committed some offence. Those materials were available to the

court in abundance and the order does not appear suffering from

any illegality.

The petition appears of no merit. It is dismissed.

Kanth                                         ( Dharnidhar Jha, J.)