Dudh Nath Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48105 of 2014 dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48105 of 2014 Arising out of P.S. Case No. -70 Year- 2000 Thana - JAGDIHSPUR District- BHOJPUR ========================================================

1. Dudh Nath Singh Son of Late Harihar Mahto.

2. Dadan Singh Son of Dudh Nath Singh Both resident of villageBhadhwal, Police Station- Jagdishpur, District- Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-03-2016 The Petitioners seek quashing of the order dated 17.09.2014 passed by the 8th Ad hoc Additional Sessions Judge, Bhojpur at Ara by which it has allowed the petition of the Petitioners filed under Section 311 Cr.P.C. in S.Tr. No. 302 of 2004 arising out of Jagdishpur P.S. Case No. 70 of 2000.

Considering that the proposed witness is the victim and his evidence would be required for just decision of the case, I see no reason for interference and, hence, the application stands dismissed.

However, the Trial Court shall not grant more than one date for his examination.

Vikash/- (Anjana Prakash, J.) U T