Rabi Shankar Mahto And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30268 of 2017 Arising Out of PS. Case No.-75 Year-2015 Thana- KARTAHA District- Vaishali ====================================================== 1.

Rabi Shankar Mahto Son of Rambabu Mahto @ Ram Bahadur Mahto 2.

Rambabu Mahto @ Ram Bahadur Mahto Son of Late Arjun Mahto 3.

Radha Rani Mahto Wife of Rambabu Mahto @ Ram Bahadur Mahto 4.

Vidya Shankar Mahto Son of Rambabu Mahto @ Ram Bahadur Mahto 5.

Bela Mahto Wife of Vidya Shankar Mahto All residents of Mohalla - Mogra Paschim - Sheikhpura, Post Office Police Station - Mogra, District - Hoogly West Bengal.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Soni Devi wife of Rabishankar Mahto, Daughter of Santlal Patel presently residing at Village - Gurimijan, Police Station - Kartahar, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amir Alam For the Opposite Party/s :

Mr.Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2020 The application filed on behalf of the petitioner No.1 has already been dismissed as withdrawn by order dated 09.12.2019 by a co-ordinate Bench of this Court. Heard learned counsel for the petitioners No.2 to 5 and the State.

The present application has been filed seeking quashing of the order dated 08.05.2017 passed by the Additional Chief Judicial Magistrate V, Vaishali at Hajipur in connection with Kartahan P.S. case No.75 of 2015, by which the court

Patna High Court CR. MISC. No.30268 of 2017(4) dt.25-02-2020 2/2 below has been pleased to take cognizance for the offence under Sections 498(A) of I.P.C. and Sections 3⁄4 of Dowry Prohibition Act.

It has been submitted on behalf of the petitioners that the petitioners are the in-laws of the informant and no specific allegation has been made against the petitioners. After some arguments, learned counsel for the petitioners No.2 to 5 seeks permission to withdraw the present application with liberty to raise their defence at the time of framing of charge.

Permission is accorded.

The present application stands dismissed as withdrawn with the aforesaid liberty.

(Sudhir Singh, J) Narendra/- U T