Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45433 of 2012 ====================================================== Sita Devi, Wife of Abhinandan Yadav, Resident of Village Rahta, P.S. Kumarkhand, District Madhepura.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner :

Shri Dinesh Prasad Verma, Advocate For the State :

Shri Ashok Kumar-I, APP ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 21-05-2015 Heard.

The Court has passed the order referring to certain paragraphs of the case diary and has chosen to summon the petitioner with others to stand trial. It is merely an order of summoning and as was held by the Supreme Court in Khacheru Singh Vs. State of Uttar Pradesh & Anr. reported in (1982) 3 SCC 218, the petitioner shall have the chance of agitating the issue before the trial judge in course of hearing under Sections 227 and 228 Cr.P.C. The trial judge is directed to peruse the statements of the witnesses and then act as per the provisions of Section 228 (1) (a) Cr.P.C. The Court believes that this direction of the Court shall be followed by the trial court religiously.

Patna High Court Cr.Misc. No.45433 of 2012 (2) dt.21-05-2015 2 / 2 With the above observation, this petition stands disposed of.

(Dharnidhar Jha, J.) Sanjay/- U T