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Patna High Court

Randhir Prasad @ Murari @ Randhir Kumar and OrsversusState Of Bihar and Anr

Decided
Disposal
DISMISSED

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

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/-

U


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