Patna High CourtCR. MISC./32810/2015allowed

Neelam Devi v. State Of Bihar And ANR

2015-07-20Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32810 of 2015 Arising out of P.S. Case No. -136 Year- 2010 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================== Neelam Devi, W/o Late Jainath Prasad Singh, Village-Chogaon, Post-Lodh, District-Sirdala, District-Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jairam Singh, S/o Late Visheshwar Singh, R/o Mohalla Ramna, Town-Gaya, Post Office-GPO, Gaya, P.S.-Civil Lines, DistrictGaya. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Indradeo Prasad, Adv.

For the Opposite Party/s: Mr. Pradeep Nr. Kumar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-07-2015 The Petitioner seeks quashing of the order dated 30.04.2015 passed by the Additional Sessions Judge-XI, Gaya in Cr. Rev. No. 06 of 2014/122 of 2013 by which it has confirmed the order dated 20.08.2013 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 136 of 2010 by which it has refused the prayer of the Petitioner under Section 205 Cr.P.C.

It has been submitted that the Petitioner is a lady and resides at Nawada whereas the case is in Gaya and it is difficult to travel on each date to Gaya and attend the Court. However, she undertakes to be present on the date she summoned by the Court.

In view of such undertaking, the order dated

Patna High Court Cr.Misc. No.32810 of 2015 dt.20-07-2015 30.04.2015 passed by the Additional Sessions Judge-XI, Gaya in Cr. Rev. No. 06 of 2014/122 of 2013 by which it has confirmed the order dated 20.08.2013 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 136 of 2010 is, hereby, set aside.

The application stands allowed.

However, the Petitioner shall give an undertaking before the Court below that she will appear on the date so fixed by the Court below.

Vikash/- (Anjana Prakash, J.) U T