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Patna High CourtCR. MISC./51676/2014disposed

Raghunath Rai @ Raghunath Prasad Yadav @ Raghunath Prasad And ORS v. The State Of Bihar

2015-01-05Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51676 of 2014 Arising Out of PS.Case No. -226 Year- 2012 Thana -DUMRA District- SITAMARHI ======================================================

1. Raghunath Rai @ Raghunath Prasad Yadav @ Raghunath Prasad son of late Jamuna Rai

2. Kanhaiya Rai son of Raghunath Rai @ Raghunath Prasad Yadav

3. Mohan Rai son of Khona Rai

4. Pintu Kumar son of Ram Krit Rai

5. Ganesh Rai son of Laxmi Rai

6. Subodh Rai son of Vishwanath Rai, all resident of village Vishwanathpur, P.S. Dumra, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Ms. Pushpa Sinha No.2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05-01-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in Dumra P.S. case No.226 of 2012 registered under Sections 147, 148, 323, 324, 308 and 504 of the Indian Penal Code, pending before the court of Chief Judicial Magistrate, Sitamarhi. In view of the fact that the Petitioners were given the benefit of Section 41(A) Cr.P.C. and the Sessions Judge has not considered this fact, the application is disposed of as being not maintainable.

The Petitioners are directed to surrender before the court below which shall pass necessary orders in accordance with

Patna High Court Cr.Misc. No.51676 of 2014 (2) dt.05-01-2015 2/2 Section 41(A) Cr.P.C. within a period of two weeks from the date of receipt of this order.

(Anjana Prakash, J) Narendra/- U T