Ram Binay Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25852 of 2017 Arising Out of PS. Case No.-803 Year-2016 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== 1.

Ram Binay Singh and Ors son of Late Kamta Singh, 2.

Gayatri Devi, wife of Ram Binay Singh, 3.

Akhilesh Kumar Singh @ Akhilesh, Son of Ram Binay Singh, All are residents of Village- Mahashi, P.S.- Obera, District- Aurangabad, Bihar. at present residing at Satyendra Nagar, Ward No.3, Aurangabad, P.S.- Town, District- Aurangabad.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Sablesh Kumar Gaurav, Son of Late Sanjay Singh, Resident of MohallaP.H.E.D. Colony, Sri Krishna Nagar, Aurangabad, P.S.- Town, DistrictAurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Dipak For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-04-2023 Heard the parties.

This application has been filed for quashing the order dated 20.04.2017 passed by the learned Additional Chief Judicial Magistrate 6th, Aurangabad in Complaint Case No. 803 of 2016 by which cognizance has been taken under Section 323, 406, 420 and 504 of the I.P.C.

In view of the consideration of the case by the Trial Court during the hearing of the discharge proceeding, prima facie case has been found and this case is not a fit case for

Patna High Court CR. MISC. No.25852 of 2017(7) dt.26-04-2023 2/2 discharge.

In that view of the matter, this application is disposed of with liberty to the petitioners to raise all the grounds in the Trial.

(Sandeep Kumar, J) Shishir/- U