Patna High Court
Randhir Prasad @ Murari @ Randhir Kumar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the Sessions Court's order was dismissed.
Summary
The petitioners filed an application seeking to quash the order dated 10.08.2016 of the Sessions Judge, Sheohar, which had rejected their earlier request for discharge from charges under Sections 307 and 308 of the Indian Penal Code. The prosecution alleged that the accused had assaulted the informant and her husband, accusing the informant of being a 'dayan' (witch). The High Court examined the FIR and the material on record and found that a strong prima facie case existed to justify framing of charges. Consequently, the Court held that there was no ground to quash the Sessions Court's order. The application for quashing was dismissed and any interim stay order was vacated. The decision upheld the continuation of the criminal proceedings against the accused.
Issues considered
- Whether the order of the Sessions Judge rejecting the petition for discharge under Sections 307 and 308 IPC can be quashed.
Legislation cited
- Indian Penal Code — s. 307, 308
Subjects
- Criminal Law
- Attempt to Murder
- Assault
- Witchcraft Allegation
- Quash Order
- IPC 307
- IPC 308
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40887 of 2016
Arising Out of PS. Case No.-12 Year-2015 Thana- PIPRAHI District- Sheohar
======================================================
1. Randhir Prasad @ Murari @ Randhir Kumar and Ors S/o - Kamaldeo Prasad
2. Mithlesh Devi W/o - Kamaldeo Prasad Both residents of village - Mohanpur,
P.S. - Piprahi, District - Sheohar.
3. Vibha Devi W/o - Gauri Shankar Prasad
4. Rakesh Kumar @ Raushan S/o - Gauri Shankar Prasad both residents of
village Ganeshpur Bakhri, P.S. - Riga, District - Sitamarhi.
5. Seema Devi W/o - Krishnanandan Prasad
6. Vicky Kumar S/o Krishnanandan Prasad Both residents of village Damami,
P.S. - Piprahi, District - Sheohar.
... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Baidyanath Prasad @ Baijju S/o - Late Vishwanath Prasad R/o Village -
Mohanpur, P.S. Piprahi, District - Sheohar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar No-2
For the Opposite Party/s : Mr.Sri Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 08-01-2026 Heard the parties.
2. This application has been filed for quashing the
order dated 10.08.2016 passed by the Court of learned Sessions
Judge, Sheohar in Sessions Trial No. 82 of 2016 arising out of
Piprahi P.S. Case No. 12 of 2015 by which the learned Sessions
Judge has rejected the application of the petitioners which has
been filed for discharging them from Section 307 and 308 of the
Indian Penal Code.
Patna High Court CR. MISC. No.40887 of 2016(8) dt.08-01-2026
2/2
3. As per the prosecution case, the accused persons
have gone to the house of the informant and have beaten her and
her husband with fists and slaps by alleging that she is a dayan
(witch).
4. From the reading of the FIR and after perusal of
the materials available on record, a strong prima facie case is
made out against the petitioners for framing of charge.
5. Accordingly, this application is dismissed.
6. Interim order of stay, if any, is hereby vacated.
(Sandeep Kumar, J)
Vikas/-
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