IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12778 of 2009
1. SAHZAD KHAN
2. SHIKANDAR KHAN SON OF LATE MD. KHAN
3. CHHOTE KHAN SON OF SIKANDAR KHAN
4. CHANDA KHATOON WIFE OF SOHRAB KHAN.
5. NOORZAHA KHATOON WIFE OF SK. KHURSHID.
6. SAHZIDA KHATOON DAUGHTER OF SHIKANDAR KHAN
7. NASIMA KHATOON DAUGHTER OF SHIKANDAR KHAN.
8. BUCHUN KHATOON WIFE OF SHAZAD KHAN
9. SHAHZAHA KHATOON WIFE OF SK. MANZOOR
ALL RESIDENTS OF VILLAGE GHIWADHAUR, P.S.- HARSIDHI,
DISTRICT- EAST CHAMPARAN.
Versus
1. THE STATE OF BIHAR
2. HASINA KHATOON WIFE OF SOHRAB KHAN DUAGHTER OF
LATE RAHAMTULLAH KHAN, RESIDENT OF VILLAGE
HALKHORWA MOTIPUR, P.S.- JAGDISHPUR DISTRICT- EAST
CHAMPARAN.
For the petitioners : Mr. Nachiketa Jha, Advocate
For the State Mr. Rajesh Kumar, A.P.P.
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2 24.06.2010 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioners are aggrieved by the revisional order dated
22.1.2009 passed in Cr. Rev. no. 88 of 2008 by learned Fast
Track Court no. II, Bettiah, West Champaran whereby the order
dated 15.3.2008 passed in Trial no. 1257 of 2008 (arising out of
Complaint Case no. 2153C of 2001) by the learned Judicial
Magistrate, 1st Class, Bettiah has been affirmed. By the said
order, the application filed under Section 245 of the Code of
Criminal Procedure on behalf of the petitioners was considered
and rejected.
Learned counsel for the petitioners, while assailing the
impugned orders, fairly submits that although at the stage of
getting bail, a compromise was arrived at between husband and
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wife and on the strength whereof bail was granted but
subsequently the complainant in her deposition before charge
has asserted that the accused(s) tortured and ill treated her.
Learned Court below, on consideration of the materials
available on record, have concurrently come to a conclusion that
there is/are sufficient material which would justify trial of the
petitioners.
This Court finds absolutely no illegality and/or infirmity
in the said order(s).
The application has no merit. It is accordingly
dismissed.
( Kishore K. Mandal, J. )
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