Mostt. Vidyawati Kunwar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 21927 of 2014 Arising Out of PS.Case No. -430 Year- 2012 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Mostt Vidyawati Kunwar Wife of Late Ramnath Prasad

2. Rama Shankar Yadav Son of Rameshwar Yadav

3. Jai Ram Pandit Son of Ram Janam Pandit

4. Jagdish Rai Son of Parichhan Rai All residents of Baluwa Tola, Bakhari, Police Station - Kuchaykot, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nagendra Yadav Son of Shri Manager Yadav Resident of Basdilla, P.S. & Distt. - Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Hemendra Pd Singh, Sr Advocate with M/s Anil Kr & Hitesh Suman, Advocates For the S t a t e : Mr Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-06-2017 After some argument, the learned Senior Counsel for the petitioners submits that the instant case involves pure civil dispute in which disputed title is involved. There is existing civil litigation with respect to the said land in Title Suit No 201 of 2013 which is Annexure 3. He further submits that Title Suit No 16 of 1991 was also in respect of the said lands. He, thus, seeks liberty to raise all these issues and make prayer for discharge before the Court below.

Needless to say, if such petition is filed before the learned Court below, the Court below will dispose of the same in

Patna High Court Cr.Misc. No.21927 of 2014 (2) dt.29-06-2017 2/2 accordance with law without being prejudiced by disposal of this application by this Court.

With this observation and direction, this application is disposed of.

(Madhuresh Prasad, J) M.E.H./- U T