IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27546 of 2009
Manohar Choudhary @ Hulchul Choudhary & Anr
Versus
State Of Bihar
2 01.08.2011
Heard learned counsel for the petitioners as well as learned Addl.
Public Prosecutor.
Admittedly, after investigation police submitted final form in
respect of the petitioners but the learned court below took cognizance of
the offence against these petitioners also passing impugned order dated
8.6.2009 which is annexure 1 to this petition.
Learned counsel for the petitioners submits that even if the
prosecution story assumed to be true, then also, the allegation against
these petitioners that they provided some treatment to the deceased prior
to her death and, therefore, no case under sections 302, 120B, 276/34 of
the IPC is made out against the petitioners
Call for the complete case diary of Singhia P.S. Case no.
95/2006 from the court of Addl. Chief Judicial Magistrate, Rosera and
list the matter after receipt of the above stated case diary.
In the meantime, further proceedings of Singhia P.S. Case
no.95/2006 pending in the court of Addl. Chief Judicial Magistrate,
Rosera in respect of the petitioners only shall remain stayed till further
orders of this court.
Shahid ( Hemant Kumar Srivastava,J)