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Patna High CourtCR. MISC./23460/2024allowed

Sanoj Kumar v. The State Of Bihar

2024-08-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23460 of 2024 Arising Out of PS. Case No.-54 Year-2012 Thana- KAKO District- Jehanabad ====================================================== SANOJ KUMAR SON OF RAM JANAM SINGH RESIDENT OF VILLAGE - NADIYAWAN, P.S. - KAKO, DISTRICT - JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey Mr.Rajesh Kumar For the Opp. No. 2.

:

Mr. Brij Bihari Tiwary For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner and the alleged victim Pooja Kumari have appeared along with their children.

3. The present application has been filed for quashing the order dated 26.09.2023 passed in S.Tr. No. 667/2023 in connection with Kako P.S. Case No. 54 of 2012 by the learned Sessions Judge, Jehanabad whereby and whereunder charge has been framed under Sections 366A/34 of the Indian Penal Code.

4. It has been submitted on their behalf that the Kako P.S. Case No. 54 of 2012 was filed by the father of the Pooja Kumari who has now died. The petitioner and Pooja Kumari had got married and they are staying together happily. A girl was

Patna High Court CR. MISC. No.23460 of 2024(3) dt.19-08-2024 2/2 child was born to them.

5. Mr. Tiwary, learned counsel for the opposite party No. 2 has submitted that his client is ready for quashing the F.I.R. and subsequent proceeding.

6. In the interest of justice, this application is allowed.

7. The order dated 26.09.2023 and the entire proceeding arising out of the Kako P.S. Case No. 54 of of 2012 (S.T. No. 667 of 2023) are hereby quashed.

(Sandeep Kumar, J) Saif/- U T