SANJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) In the instant application the petitioner prays for quashing the order dated 2-6-2002, passed by learned Additional Sessions Judge, Fast Track Court-V, Chapra in Sessions Trial No. 453 of 2006, whereby he rejected the application of petitioner to discharge him from being prosecuted under Section 306 of the Indian Penal Code.

(3.) Deceased is one Pramod Kumar Singh, who committed suicide on 22-7-2004. His wife Sunita Devi gave statement on 23-7-2004 giving rise to institution of U. D. case. Two days after the death of the deceased, his elder son found a suicidal note in the pocket of one of the shirts of his late father and gave it to his uncle Sanjay Kumar Singh. The aforesaid Sanjay Kumar Singh, who happens to be the brother of the deceased, lodged the instant case on 11-8-2004 giving rise to Chapra Nagar P. S. case No. 169 of 2004, under Section 306 of the Indian Penal Code.