Ramdeo Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19759 of 2016 Arising Out of PS.Case No. -35 Year- 2011 Thana -SABAUR District- BHAGALPUR ======================================================

1. Ramdeo Yadav, Son of Late Jaley Yadav

2. Pankaj Kumar @ Pankaj Yadav, Son of Ramdeo Yadav

3. Sulo Devi, Wife of Ramdeo Yadav All are residents of village - Anand Nagar, Sabour, P.S. Sabour, District - Bhagalpur .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Tarun Prasad Mandal, Advocate For the Opposite Party : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-08-2016 Heard.

Learned counsel for the petitioners seek withdrawal of the instant petition with a liberty to have an opportunity to raise objection over framing of charge though prayer of the petitioner is found rejected under Section 228(1) of the Code of Criminal Procedure.

The aforesaid liberty could not have been granted in normal course but, as the learned counsel for the petitioner submits that charge has not yet been framed, on account thereof, he has got right to raise objection till framing of charge.

Patna High Court Cr.Misc. No.19759 of 2016 (2) dt.03-08-2016 2/2 In the aforesaid background, giving liberty to the petitioner, the instant petition is dismissed as withdrawn. (Aditya Kumar Trivedi, J.) rinkee/- U T