IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27294 of 2009 SRI TUNNA SINGH @ KUMAR RAVI “RANK”, SON OF LATE HARI SHANKAR SINGH, RESIDENT OF VILLAGE MACHHARGAWA, P.S. YOGAPATTI, DISTRICT WEST CHAMPARAN.-- PETITIONER Versus THE STATE OF BIHAR -- OPPOSITE PARTY ----------- 2 4.3.2010 Heard the parties. This is a case in which the discharge application under Section 227 of the Code of Criminal Procedure has been dismissed in Sessions Trial No. 175 of 2009 by 1st Additional Sessions Judge, Bettiah. As far as the petitioner is concerned, it is admitted that he is neither the family member nor related in any manner to the informant or other accused persons. It is submitted that the petitioner has no concern with any property belonging to the informant or the family of the deceased or other accused persons. Counsel for the petitioner further submits that there is no iota of evidence to connect this petitioner with the alleged occurrence in the case diary. In fact the supervision note of the D.I.G. indicates that the petitioner has been roped in this case because of some differences with the Superintendent of Police, who was posted in the district at the relevant time. The Court while examining the case of the accused persons should consider whether each of the accused persons is involved with the said occurrence. Prima facie it appears that the petitioner being unconnected with the family of the co-accused persons would not be directly responsible for offences under Section 304B/34 of the Indian Penal Code. 2 I, therefore, remand the matter back to the 1st Additional Sessions Judge, Bettiah to re-consider the case of Tunna Singh @ Kumar Ravi “Rank” and pass a reasoned order within a period of three weeks on receipt/ production of a copy of this order. This application is disposed of with the aforesaid observations. Counsel for the petitioner is permitted to deposit the cost of FAX for communicating this order to the Court of the 1st Additional Sessions Judge, Bettiah in Sessions Trial No. 175 of 2009. It is obvious, therefore, that the Court would not proceed as far as the case of Tunna Singh @ Kumari Ravi “Rank” is concerned. Sanjay (Sheema Ali Khan, J.)