Rabindra Pathak And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63233 of 2018 Arising Out of PS. Case No.-228 Year-2016 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

Rabindra Pathak son of Mangal Pathak null 2.

Pradeep Pathak son of Ashok Pathak 3.

Suman Kumari daughter of Ashok Pathak 4.

Subhawati Devi wife of Ashok Pathak 5.

Ashok Pathak son of Mangal Pathak All are Residents of VillageMachakana, Police Station- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Upendra Pathak son of Late Sitaram Pathak, Resident of VillageMachakana, Police Station- Hussainganj, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-06-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The present petition has been filed under Section 482 Cr.P.C. for quashing the order dated 08.06.2018 passed by the learned Additional Sessions Judge 3rd, Siwan in Sessions Trial No. 569 of 2017, arising out of Hussainganj P.S. Case No. 228 of 2016 by which discharge petition filed by the petitioners under Section 227 Cr.P.C. was dismissed.

3. Learned counsel for the petitioners submits that this case may be disposed of with liberty to the petitioners to take all

Patna High Court CR. MISC. No.63233 of 2018(3) dt.22-06-2026 2/2 the points raised in the petition before the Trial Court at the appropriate stage.

4. Learned A.P.P. for the State has no objection to this prayer of the petitioners.

5. Accordingly, the present case is disposed of with liberty to the petitioners, as prayed for.

(Sunil Dutta Mishra, J) rakhi/- U T