Rahul Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22144 of 2020 Arising Out of PS. Case No.-207 Year-2018 Thana- DESARI District- Vaishali ====================================================== 1.

Rahul Pathak (Male), aged about 17 years, Son of Late Pramod Pathak. 2.

Ashish Kumar @ Ashish Kumar Thakur (Male), aged about 16 years, Son of Shri Gaurishankar Thakur.

Both resident of Village - Rampur Baghel, PS.- Desri, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the State :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-08-2020 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. Heard Mr. Anil Kumar, learned counsel for the petitioners and Mr. Surendra Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with Desari (Sahdei OP) PS Case No. 207 of 2018 dated 31.07.2018, instituted under Sections 363 and 365 of the Indian Penal Code.

4. After some arguments, learned counsel for the petitioners submitted that he may be permitted to withdraw the

Patna High Court CR. MISC. No.22144 of 2020 dt.18-08-2020 2/2 application for filing a proper petition before the Court below pointing out that the petitioners are juvenile and, thus, the matter is required to be sent to the concerned Juvenile Justice Board.

5. Learned APP agreed with the stand taken by learned counsel for the petitioners.

6. In view thereof, as prayed for by learned counsel for the petitioners, the application stands disposed off with liberty aforesaid.

(Ahsanuddin Amanullah, J.) Anand Kr./ P. Kumar AFR/NAFR U T