Pappu Kumar @ Pappu Yadav And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29388 of 2012 Arising Out of PS.Case No. -141 Year- 2005 Thana -Naubatpur District- PATNA ===========================================================

1. Pappu Kumar @ Pappu Yadav

2. Sunil Kumar Both are sons of Vishwanath Yadav

3. Vishwanath Yadav

4. Ranglal Yadav @ Rangnath Prasad Both are sons of Jag Narain Rai, All are residents of Village- Dhobia Kalapur, P.S.- Naubatpur, District- Patna

5. Satish Kumar Yadav @ Santosh Kumar S/O Late Laldeo Yadav, Resident of Village- Yamunapur, P.S.- Bihta, District- Patna .... .... Petitioners

Versus

1. The State of Bihar

2. Rameshwar Prasad, S/O Late Nemi Yadav, Resident of Village- Dhobia Kalapur, P.S.- Naubatpur, District- Patna .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 07-04-2015 No one appears on behalf of the opposite party no. 2 on repeated dates.

The petitioners seek quashing of the order of cognizance dated 31.01.2012 passed by the Additional Chief Judicial Magistrate, Danapur in Naubatpur P.S.Case No. 141 of 2005. The case of the informant is that he learnt from villagers that his daughter, who had been married to Ranjit Kumar of the same village had been murdered by his in-laws and the petitioners, who

Patna High Court Cr.Misc. No.29388 of 2012 dt.07-04-2015 2/2 were his co-villagers had assisted in disposing of the dead body. During investigation not a single villager has supported the informant's version with regard to the petitioners' participation. Since the informant himself was a hearsay witness and there was no primary evidence with regard to the petitioners' complicity in the occurrence, final report was submitted but the Court disagreed with the same.

Considering the aforesaid aspect, the proceeding including the order of cognizance dated 31.01.2012 passed by the Additional Chief Judicial Magistrate, Danapur in Naubatpur P. S. Case No. 141 of 2005 as far as the petitioners are concerned is, hereby, set aside.

The Application stands allowed.

(Anjana Prakash, J.) Vats/- U T