Kishori Mandal And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.322 of 2015 (04) dt.08-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.322 of 2015 Arising Out of PS.Case No. -49 Year- 2009 Thana -DHURAIYA District- BANKA ======================================================

1. Kishori Mandal, Son of Sanchu Mandal,

2. Bijay Mandal, Son of Kishori Mandal, Both resident of village - Bhatuachak, Police Station - Dhoraiya, District - Banka. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Mukherjee-Advocate For the Respondent/s : Mr. Sujit Kumar Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-11-2017 This appeal ought to have been filed before the learned Sessions Judge, Banka in terms of Section 374(2) of the Cr.P.C. and that being so, the learned counsel for the appellants seeks withdrawal of instant memo of appeal, which is allowed. Consequent thereupon, is dismissed as withdrawn. In case, appeal is filed before the learned Sessions Judge, Banka within four weeks, then in that event, the learned lower Court will condone the delay, otherwise appellants will have to explain the same.

(Aditya Kumar Trivedi, J) Vikash/- U T