Ram Nandan Rai @ Raj Nandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18995 of 2012 Arising out of P.S. Case No. -52 Year- 2008 Thana -Goraul District- VAISHALI (HAJIPUR) ======================================================== Ram Nandan Rai @ Raj Nandan Rai S/o Jagdev Rai Resident of Village- Sondho, P.S.- Goraul, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Singari Devi, W/o Ram Laxman Rai, Resident of VillageLodipur, P.S.-Goraul, Dist.-Vaishali. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Kaushal Kishore, Adv.

For the Opposite Party/s : Smt. Anita Kumari, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-02-2015 The Petitioner seeks quashing of the order of non-discharge dated 26.03.2012 passed by the Additional Sessions Judge, F.T.C.-IV, Vaishali at Hajipur in S.Tr. No. 91 of 2010 on the ground that the alleged victim has not named the Petitioner in her statement recorded under Section 164 Cr.P.C.

The case diary was called for to verify this fact and it is found that in fact the Petitioner has not been named by the alleged victim who names some other accused even though he was named by the Informant in the First Information Report.

Considering such aspects of the matter, the application is allowed and the proceeding including the

Patna High Court Cr.Misc. No.18995 of 2012 dt.12-02-2015 order of non-discharge dated 26.03.2012 passed by the Additional Sessions Judge, F.T.C.-IV, Vaishali at Hajipur in S.Tr. No. 91 of 2010 is, hereby, set aside so far as the Petitioner is concerned.

The Application stands allowed.

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