IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41047 OF 2008 1. BHRIGU THAKUR, SON OF LATE ADALAT THAKUR 2. SHTROHAN THAKUR @ ROHAN THAKUR, SON OF ALTE AMIR THAKUR BOTH RESIDENT OF VILLAGE SRIPUR, POLICE STATION BARIYARPUR, DISTRICT SARAN …………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 28/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 10.06.2008 passed in Bariyarpur Police Station Case No. 51 of 2000 (Sessions Trial No. 58 of 2000 by which the Additional Sessions Judge, Fast Track Court No. I, Saran at Chapra has refused to discharge the petitioners for the offences alleged to have been committed under Section 313, 314, 201, 120B/34 of the Indian Penal Code. The allegation is that Binda Thakur had illicit relationship with Jonhi Kumari, as a result of which she became pregnant. It is said that Binda Kumari got the lady aborted which resulted in the death of Jonhi Kumari. Another case being Baniyapur Police Station Case No. 60 of 2000 was instituted by the brother of the deceased lady, in which it is alleged that the informant 2 of Baniyapur Police Station Case No. 51 of 2000, who is also the Chowkidar, took a sum of Rs. 2,000/- for allowing the informant to burn the dead body of his sister. It is submitted on behalf of the petitioners that the informant i.e. the brother of Jonhi Kumari has stated that the deceased died due to stomach pain. This fact may be brought to the notice of the Court below during the trial of the case. At this stage, I do not find any reason to interfere with the order impugned. This application is accordingly dismissed. This Court however observes that Baniyapur Police Station Case No. 60 of 2000 should be expedited and if possible, committed. If it is committed, the charges should be framed within a period of three months from the date of commitment, and after commitment, both the cases may be heard side by side, provided that there is no legal impediment in expediting Baniyapur Police Station Case No. 60 of 2000. This application is disposed of with the aforesaid observations and directions. Anand (Sheema Ali Khan, J.)