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Patna High CourtCR. MISC./12015/2021dismissed

Rakesh Kumar Thakur @ S. B. O. Rakesh Kumar v. The State Of Bihar

2022-04-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12015 of 2021 Arising Out of PS. Case No.-210 Year-2011 Thana- MANER District- Patna ====================================================== RAKESH KUMAR THAKUR @ S. B. O. RAKESH KUMAR Son of Bachcha Prasad Thakur @ Bacha Prasad Thakur Resident of Gola Road, Gajadhar Chak, Sriram Nagar, P.S.- Danapur, District - Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Reena Devi Wife of Late Ashok Kumar Resident of Village and P.O.- Byapur, P.S.- Maner, District - Patna.

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This petition has been filed for quashing the order dated 20.04.2012 passed by the learned ACJM, Danapur, taking cognizance in connection with Maner P.S. Case No. 210/2011 for the offence under Section 304 of the Indian Penal Code. The petitioner has challenged the order of cognizance on various grounds. The police after investigation has found the case true against the petitioner and, therefore, cognizance has

Patna High Court CR. MISC. No.12015 of 2021(2) dt.21-04-2022 2/2 been taken by the learned Magistrate after appreciating the materials available on record.

Considering the above, this Court cannot replace the opinion of the learned Magistrate. Accordingly, this petition stands dismissed.

(Sandeep Kumar, J) Saif/- U T