Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21000 of 2014 Arising Out of PS.Case No. -153 Year- 2011 Thana -DUMRA District- SITAMARHI ====================================================== Rahul Kumar son of Pukar Rai 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. Ashhar Mustafa For the informant : Mr. Subodh Kumar, Adv. For the State : Mr. Kr. Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner, State and the counsel appearing on behalf of the informant. Petitioner has filed this application for quashing the order taking cognizance dated 15.09.2011 passed by the learned CJM, Sitamarhi for the offence under section 366-A of the Indian Penal Code.

Counsel for the petitioner submits that earlier final form has been submitted finding the case to be a mistake of fact. He also submits that without considering the said final form and other material the cognizance has been wrongly taken against the petitioner.

The learned court below on perusal of materials on

Patna High Court Cr.Misc. No.21000 of 2014 (4) dt.13-09-2017 2/2 record, found a prima facie case under section 366(A) of the Indian Penal Code against the petitioner.

Having regard to the facts and circumstances, the application is disposed of with liberty to the petitioner to take all such plea as would be admissible under law at an appropriate stage.

(Anil Kumar Upadhyay, J) Ravi/- U T