Vidya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15766 of 2016 Arising Out of PS. Case No.-272 Year-2014 Thana- BUXAR District- Buxar ====================================================== 1.

Vidya Devi and Ors Wife of Late Badri Narain Ojha 2.

Sudama Ojha Son of Late Saryu Narain Ojha 3.

Amarnath Ojha, Son of Late Durga Prasad Ojha 4.

Om Keshwar Nath Ojha Son of Late Badri Narain Ojha 5.

Ravindra Nath Ojha Son of Late Durga Nath Ojha All resident of village - Harpur, P.S.-Rajpur, Dist.-Buxar, At present resident of Ojha Niwas, Sarashwati Pustkalaya Road, Buxar, P.S.-Buxar Towan, Dist.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Ajay Kumar No.1App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

2. After some arguments, learned Senior counsel for the petitioner seeks and is granted permission to withdraw this application.

3. Accordingly, this application is dismissed as withdrawn with liberty to petitioner to raise all the grounds at the stage of framing of charge.

4. The court below will not be prejudiced by the fact that the present application against the order taking cognizance is permitted to be withdrawn and it will decide the case on its

Patna High Court CR. MISC. No.15766 of 2016(4) dt.13-09-2023 2/2 own merits and will pass an order in accordance with law in view of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar (2022) 9 SCC 577. (Sandeep Kumar, J) Sunnykr/- U T