Bachcha Lal Rai @ Bengu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35931 of 2013 Arising Out of PS.Case No. -618 Year- 2012 Thana -COMPLAINT CASE District- KISANGANJ ====================================================== BACHCHA LAL RAI @ BENGU S/O LATE THOPA LAL RAI RESIDENT OF VILLAGEPARLABARI, NAYABASTI, P.S.- PAHARKATTA, DISTRICT- KISHANGANJ .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR

2. SAHEBA KHATOON W/O MAINSTER RESIDENT OF VILLAGENAYABASTI PORLABARI, P.S.- PAHARKATTA, DISTRICTKISHANGANJ. AT PRESENT DAUGHTER OF LATE ABDUL SATTAR, RESIDENT OF VILLAGE- SHITALPUR, DALAL BASTI, P.S.- PAHARKATTA, DISTRICT- KISHANGANJ .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Sarangdhar Jha, Adv. For the Opposite Party/s : Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. None appeared on behalf of O.P. No.2 in spite of having properly noticed. Petitioner unnecessarily rushed this Court under the garb of Section 482 Cr.P.C. in the background of the fact that his name does not find place in the complaint petition. One Bengu whose identification has been made as a Surpanch stood at Sl.No.15 of column of accused but as the petitioner does not happen to be Surpanch, on account thereof petitioner, for the present, would not feel apprehensive and that being so, instant petition is found non-maintainable and is accordingly

Patna High Court Cr.Misc. No.35931 of 2013 (3) dt.22-12-2016 dismissed. However, petitioner is identified subsequently as an accused at the end of the complainant then in that event, petitioner will be at liberty to take proper step as provided under the law.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T