Babita Kumari @ Babita Devi v. The State Of Bihar Through Home Commissioner, Govt. Of Bihar, Old Secretariat, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.283 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Bhagalpur ====================================================== Babita Kumari @ Babita Devi, W/o Gopal Mandal @ Sumit Kumar, R/oVillage- Sonbarsa, P.S.- Bihpur, District- Bhagalpur, Present Address- D/o Late Naresh Prasad, Village- Harbanshpur, P.S.- Masaurhi, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through Home Commissioner, Govt. of Bihar, Old Secretariat, Patna.

2.

The District Magistrate, Bhagalpur.

3.

The Superintendent of Police, Bhagalpur.

4.

The Deputy Superintendent of Police, Navgachhiya, Bhagalpur. 5.

The Officer-in-Charge, Bihpur, P.S.- Bihpur, Bhagalpur. 6.

Gopal Mandal @ Sumit Kumar, S/O Ram Swaroop Mandal R/O village - Sonbarsa, P.S.- Bihpur, District-Bhagalpur ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Kumar Binode Bariar, Advocate For the State :

Mr. Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-12-2023 Although the case has been listed under heading 'For Orders on Office Notes' because the notice could not be served upon the private respondent no. 6 who has allegedly married to another lady and has been living outside and he could not be found on the given address, learned counsel for the petitioner submits that he seeks permission to withdraw this writ application with liberty to file an application under Section 156(3) Cr.P.C. in the court of learned Chief Judicial Magistrate of the competent court.

2. Mr. Irshad, learned AC to SC-1 appears for the

Patna High Court CR. WJC No.283 of 2020(4) dt.22-12-2023 2/2 State and has no objection to the same.

3. This application is permitted to be withdrawn with liberty to the petitioner to seek her remedy before appropriate court. If any such application is filed, the same will be considered by the competent court on its own merit as the writ petitioner was before this Court for last about four years under some wrong legal advice.

4. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U