ILO MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the criminal miscellaneous cases are directed against the same order dated 15.2.2006 passed by the Addl. District Judge cum F.T.C.V. Khagaria in S.Tr. No. 137/2004 and as such, they have been heard together and would be disposed of by this common order. The learned Addl. Sessions Judge by the impugned order has dismissed the petition filed by these petitioners under Section 227 Cr.P.C.

(2.) According to the complaint petition, the step mother (petitioner Sita Devi) of the complainant along with other co-accused including petitioner Ilo Mian hatched a conspiracy in order to grab the property of the family (the complainant's father being dead) by eliminating the complainant and her uncle and abducted the uncle and since abduction he is traceless. The complaint petition was registered as Alauli P.S. Case No. 16/2001.

(3.) Learned Counsel appearing for the petitioner Ilo Mian submitted that there is no evidence against the petitioner and he has been implicated in this case only on the basis of suspicion and the mere suspicion cannot form the basis for framing charge against him. Therefore, it was a case in which the learned Addl. Sessions Judge should have allowed the petition filed by the petitioner and should have discharged him.