Brijendra Choudhary @ Bijendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42210 of 2021 Arising Out of PS. Case No.-137 Year-2019 Thana- AMDABAD District- Katihar ====================================================== Brijendra Choudhary @ Bijendra Choudhary Son Of Sukhdeo Choudhary Resident Of Village - Gadai Diyara, Kasba Tola, P.S.- Amdabad, Distt.- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pramila Devi W/o Kunj Bihari Singh Resident of Village - Gopalpur, Gadai Diyara, P.S.- Amdabad, Distt.- Katihar.

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-02-2026 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the O.P. No. 2.

2. This application has been filed for quashing of the order dated 06.10.2020 passed in Amdabad P.S. Case No. 137 of 2019 by learned Special Judge cum ADJ-VII, Katihar by which cognizance was taken after differing with the police report under Sections 302, 201, 376, 120B/34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. After some arguments, the learned counsel appearing for the petitioner prays for and is permitted to withdraw this application with liberty to raise all the grounds at the stage of discharge/ at an appropriate stage. Accordingly, this application is dismissed as withdrawn.

Patna High Court CR. MISC. No.42210 of 2021(4) dt.03-02-2026 2/2

4. If such an application is filed, the same shall be considered by the Court below and a reasoned order shall be passed in accordance with law and in view of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. The State of Bihar reported in (2022) 9 SCC 577.

5. Let a copy of this order be communicated to the Principal District & Sessions Judge, Katihar through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U