Kailash Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43804 of 2019 Arising Out of PS. Case No.-174 Year-2016 Thana- SURSAND District- Sitamarhi ====================================================== 1.

KAILASH MUKHIYA Son of Bindeshwar Mukhiya Resident of Village - Jawahi Tola, P.S.- Sursand, District- Sitamarhi 2.

Vilash Mukhiya @ Bilash Mukhiya Son of Bindeshwar Mukhiya Resident of Village - Jawahi Tola, P.S.- Sursand, District- Sitamarhi 3.

Suresh Mukhiya Son of Mahendra Mukhiya Resident of Village - Jawahi Tola, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-08-2019 The petitioners have challenged the order dated 18.04.2017 passed by the learned Chief Judicial Magistrate, Sitamarhi in connection with Sursand P.S. Case No. 174 of 2016/Tr. No. 5589 of 2017 whereby cognizance has been taken under Sections 448, 341, 323, 307 and 504 of the Indian Penal Code.

After some arguments, Mr. Rajni Kant Pandey, learned advocate for the petitioners seeks permission to withdraw this petition in order to enable the petitioners to approach the court below for discharge.

Should such a petition for discharge be filed by them, the same shall be disposed of by the trial court in accordance with law without being prejudiced by the fact

Patna High Court CR. MISC. No.43804 of 2019(2) dt.28-08-2019 2/2 that the present petition has not been entertained. The petition is dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) krishna/- U T