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2023 Supreme(Pat) 1009

JITENDRA KUMAR
Bimla Devi @ Vimla Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Kumar @ S.K.
For the Opp. Party : Mr. Shailendra Kumar-2.
For the State : Mr. Upendra Kumar, APP.

ORDER

The present petition under Section 482 of the Cr. P.C. has been preferred by the Petitioner against the impugned order dated 04.05.2016 passed by Ld. Additional Sessions Judge-II, Muzaffarpur in Sessions Trial No. 921 of 2009 arising out of Katra P.S. Case No. 60/03, whereby Ld. Trial Court allowed the application filed on behalf of the prosecution to add charge under Section 304-B of the Indian Penal Code.

2. The relevant facts of the case is that FIR was lodged against the Petitioner and co-accused, Brajesh Kumar and unknown persons under Section 304-B and 120-B of the Indian Penal Code for the alleged dowry death of the wife of the co-accused, Brajesh Kumar.

3. After investigation, a charge sheet was submitted only against the Petitioner under Section 306 of the Indian Penal Code. Allegation against the co-accused, Brajesh Kumar was found to be false. Subsequently, charge was framed against the Petitioner under Section 306 of the Indian Penal Code. However, during prosecution evidence, an application was filed by the prosecution to add charge under Section 304-B in view of the allegation of demand of dowry and torturing therefor and unnatural death of the victim within seven

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