Manju Devi and Madan Jha @ Madan Kumar Jha vs The State of Bihar and Chandra Kant Jha

Rakesh Kumar, J.—Two Petitioners, while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 9.2.2007 passed by learned Additional Sessions Judge, F.T.C.III, Madhubani in Sessions Trial No. 16 of 2007 arising out of Madhepur P.S. Case No. 85 of 2006. By the said order, learned Sessions Judge has rejected the petition filed u/s 227 of the Code of Criminal Procedure for discharge of the Petitioners. It is a case for the offence under Sections 304B/34 of the Indian Penal Code, in which police, after investigation, submitted charge sheet against the Petitioners and other accused persons. At the stage of charge, petition for discharge was filed by both the Petitioners and the learned trial Judge, by assigning a detailed reason, has rejected the same.

Mr. Sanjay Kumar Mishra, learned Counsel appearing on behalf of the Petitioners, had taken the plea that the Petitioner No. 1 was sister of husband of the deceased and Petitioner No. 2 is her husband, who was living separately and had no connection with the husband of the deceased. Be that as it may, the matter was thoroughly investigated by the police and thereafter, charge sheet was submitted.

I have perused the impugned order. After going through the impugned order, the court is satisfied that the learned trial Judge has rightly rejected the petition. I do not find any merit in the present petition and petition stands rejected.

In view of rejection of this petition, interim order of stay dated 29.9.2008 stands automatically vacated.

Let a copy of this order be sent to the court below forthwith.