Patna High Court - Orders
Krishna Mohan Singh & Anr. vs The State Of Bihar on 23 August, 2012
Author: Anjana Prakash
Bench: Anjana Prakash
Patna High Court Cr.Misc. No.17896 of 2012 (2) dt.23-08-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 17896 of 2012
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1. Krishna Mohan Singh S/O Sri Kameshwar Singh Resident Of
Village- Dhankaul, P.S.- Simri, District- Darbhanga.
2. Rita Devi W/O Sri Kameshwar Singh Resident Of Village-
Dhankaul, P.S.- Simri, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
02. 23.08.2012The Petitioners seek quashing of the order dated 16.03.2012 passed by the Additional Sessions Judge, F.T.C.-I, Darbhanga in S.Tr. No. 514 of 2011 by which he has rejected an application for discharge.
The Petitioners are the husband and mother-in-law of the deceased respectively and it is pleaded by the Petitioners that in fact the deceased has committed suicide because she did not want to live with her husband and in-laws. The further submission is that in the facts of the case no offence under Section 304B IPC is made out.
However, considering that even if charge under Section 304B IPC is framed no prejudice would be caused to the Petitioner, I am not inclined to interfere in the matter. The application is disposed off with a direction to the Trial Court to consider framing of charge under Section 306 IPC if required in the facts of the case so that none of the parties are prejudiced.
(Anjana Prakash, J.) Vikash/-