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2021 DIGILAW 351 (JHR)

Bikash Kumar Mishra, s/o Sri S. N. Mishra v. State of Jharkhand

2021-04-05

SHREE CHANDRASHEKHAR

body2021
ORDER : Mr. Abhay Kumar Tiwari, the learned APP appears for the State. 2. The petitioners were aggrieved of the order dated 08.06.2016 passed in S.T Case No.169 of 2015. 3. By the impugned order dated 08.06.2016, the learned Judicial Commissioner, XVII, Ranchi refused the application for discharge filed by the petitioners who were named accused in Namkum P.S Case No.262 of 2012 which was lodged under section 304B read with section 34 of the Indian Penal Code. 4. Initially the informant was not made a party in this criminal revision and at his request an application vide IA No.7786 of 2016 was filed for his impleadment which was allowed by an order dated 23.01.2017. In the meantime, the petitioner no.2, namely, S.N. Mishra @ Sidhi Nath Mishra passed away and based on the statement made on affidavit, by an order dated 20.02.2017 his name was deleted from array of the parties. 5. In the impugned order dated 08.06.2016, the learned Judicial Commissioner, XVII, Ranchi has held as under: "Perusal of case record transpires that the preset FIR has been registered on the basis fardbayan of the informant Dr. Dilip Kumar Mishra stating therein that his daughter Pallavi Mishra married with Bikash Kumar Mishra and he obliged the groom side as per their demand and after marriage all the in-laws and family members of her husband including her husband started torturing her and asking her to bring Rs.80,00,000/- for initiating flat business and if she will not bring she will be killed and when she expressed her father's inability to oblige the demand then all of them assaulted her but the daughter of the informant never told anything due to respect of her family and on 09.10.2012 in the day hours itself the ill-laws bolted her inside her house and when her condition became serious her husband removed her hospital at 6:00 p.m. but her family members were not present there. The daughter of the informant was senseless till 30.10.2012 and finally she died on 30.10.2012 at about 8:00 p.m. The informant received information on 30.10.2012 from his brother in law Dr. The daughter of the informant was senseless till 30.10.2012 and finally she died on 30.10.2012 at about 8:00 p.m. The informant received information on 30.10.2012 from his brother in law Dr. Vimal Kumar Mishra and it is alleged that due to non-fulfillment dowry demand the in-laws including the present petitioners have committed murder of the daughter of the informant It further appears that after due investigation I.O has submitted charge sheet in the present case u/s. 304(B)/34 of the IPC. From perusal the lower court record it appears that the Ld. Magistrate has taken cognizance for the offence u/s. 304(B)/34 of the IPC against the petitioners. I further find that the Hon’ble Apex Court has decided in several cases that mere suspicion is sufficient to the frame the charges against the accused and the deep analysis of the documents and evidences produced by the parties are subject to analyse in course of trial. Taking into consideration the aforesaid facts and circumstances of the case. I am not inclined to allow the discharge petition filed on behalf of the petitioners Bikash Kumar Mishra, S N. Mishra and Basanti Devi w/o Sri S N. Mishra. Accordingly, the discharge petition filed on behalf the accused/petitioners Bikash Kumar Mishra, S.N. Mishra and Basanli Devi w/o Sri SN. Mishra is hereby rejected." 6. Mr. Pandey Neeraj Rai, the learned counsel for G.P No.2 states that the prosecution has examined two material witnesses and at this stage no relief can be granted to the petitioners. 7. Mr. Naveen Kumar Jaiswal, the learned counsel for the petitioners states that in view of the fact that the trial has commenced and the prosecution has started examining its witnesses, he has instructions to withdraw this criminal revision petition. 8. Accordingly, Criminal Revision No. 1149 of 2016 is dismissed as withdrawn.