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Patna High CourtCR. MISC./57372/2015dismissed

Akhilesh Kumar Rai @ Akhilesh Ray @ Tuntun v. State Of Bihar And ANR

2023-03-24Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57372 of 2015 Arising Out of PS. Case No.-42 Year-2010 Thana- GARDANIBAG District- Patna ====================================================== Akhilesh Kumar Rai @ Akhilesh Ray @ Tuntun Son of Madan Mohan Ray Resident of Mohalla - Station Road Dumraon, P.S. Dumraon, Distt. - Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Arvind Kumar Pradhan Son of Late Radheshyam Pradhan Resident of Mohalla - Gardanibagh, 6'D', Aam Bagicha, P.S. Gardanibagh, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-03-2023 No one appears on call on behalf of the petitioner although learned APP for the State is present. The present petition has been preferred for setting aside of the impugned order dated 30.09.2015 passed by learned Additional District Judge, XIIth, Patna in Sessions Trial No.105 of 2013 arising out of Gardanibagh P.S. Case No.42 of 2010 by which the Discharge Petition filed under 227 of the Cr.P.C. The informant has alleged that upon information that his sister has committed suicide rushed to home where saw her dead body as also a letter in her own handwriting in which she alleged that this petitioner who was the informant's brother-inlaw sexually assaulted her repeatedly making her pregnant and later decline to get married and being ashamed and unable to

Patna High Court CR. MISC. No.57372 of 2015(2) dt.24-03-2023 2/2 face the family/society she wrote that she is committing suicide. Considering the kind of allegation that has come in the prosecution story the learned court had rightly passed order which need no interference.

The application under Section 482 of the Cr.P.C. stands dismissed.

(Rajiv Roy, J) Prakash Narayan /- U T