In a criminal miscellaneous matter, the Patna High Court allowed the petitioner's application for discharge by quashing the lower court's order refusing discharge, finding the allegations against the petitioner were falsified.
The order refusing discharge dated 19.2.2014 by the Adhoc Additional Sessions Judge, Sitamarhi was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14295 of 2014
Arising Out of Runnisaidpur P.S.Case No. -282 Year- 2010 Thana -SITAMARHI DistrictSITAMARHI ====================================================== Sudhanshu Shekhar @ Hani Son Of Dilip Kumar Thakur Resident Of Village Rajiya, P.O.-Barri, Via Basaith, P.S.-Benipatti, District-Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Jai Kumar Jha Son Of Late Musafir Jha Resident Of Village- Manik Chowk, P.S. Runni Saidpur, District- Sitamarhi. 3. Nikki Kumari Daughter Of Late Ram Kumar Jha Resident Of VillageManik Chowk, P.S. Runni Saidpur, District- Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dudh Nath Singh, Adv. For the State : Mr. P.K.Chaurasia, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
4 16-10-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 19.2.2014 passed by the Adhoc Additional Sessions Judge-2, Sitamarhi, in Sessions Trial No. 236 of 2013 by which he has refused to discharge the Petitioner.
The case of the Informant was that his daughter had been kidnapped by the Petitioner for purpose of marriage but, subsequently, the girl appeared and stated that she married the Petitioner out of her own sweet will. However, the marriage did not survive and, hence, a Matrimonial case was filed which was sent to a Lok-Adalat and the marriage was dissolved. It is in these
Patna High Court Cr.Misc. No.14295 of 2014 (4) dt.16-10-2014
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circumstances, the Petitioner seeks discharge.
Notices had been issued to the Opposite Parties No. 2 and 3 but none appears on their behalf.
Considering the documents annexed herewith and perusing them on the basis of which the allegations are falsified, the application is allowed and the order dated 19.2.2014 passed by the Adhoc Additional Sessions Judge-2, Sitamarhi, in Sessions Trial No. 236 of 2013, is hereby set aside.
(Anjana Prakash, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner should be discharged on the basis of falsified allegations in the cause of action.
Sudhanshu Shekhar @ Hani
The State Of Bihar
Jai Kumar Jha
Nikki Kumari
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
