Rajaram Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45935 of 2018 Arising Out of PS. Case No.-38 Year-2015 Thana- MAHILA P.S. District- Siwan ====================================================== 1.

Rajaram Sah Son of late Hira Lal Sah 2.

Vidya Yadav 3.

Saral Yadav Both (2 to 3) sons of Chandrika Yadav All Residence of Village - Champ Tola Teghra, Police Station Hussainganj, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha Kumari Daughter of Rajdev Yadav Residence of Village - Champ Tola Teghra, Police Station Hussainganj, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Yogesh Charndra Verma, Sr. Advocate Sri Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Sri Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2023

1. Heard learned Senior Counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. Learned Senior Counsel for the petitioners, after arguing vehemently for some times, seeks permission to withdraw this application with liberty to raise all issues at the time of framing of charge as it has been submitted that petitioner nos. 1 and 3 initially were not named in the FIR and after four days of the occurrence, the informant i.e. opposite party no. 2 had given their name. It is thus submitted that if what has been alleged in the FIR is true then it absolutely does not stand to

Patna High Court CR. MISC. No.45935 of 2018(3) dt.26-09-2023 2/2 reason that as to why the informant at the outset did not name the petitioner nos. 1 and 3 as an accused in the FIR.

3. Permission is accorded.

4. Accordingly, this application is dismissed as withdrawn.

(Satyavrat Verma, J) Kundan/- U T