Kumar Arunoday Prakash @ Kaju @ Arunoday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43761 of 2023 Arising Out of PS. Case No.-1173 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Kumar Arunoday Prakash @ Kaju @ Arunoday Kumar, S/O Arun Kumar Singh R/O Village- Ward No. 05, Narha, P.S- Suppi And Distt.- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munchun Devi, W/O Niranjan Ram R/O Village- Gisara, P.S- Parsouni, Distt.- Sitamarhi and presently R/O Sadar Hospital Raod, Ward No. 22, P.S and Distt.- Sitamarhi.

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The learned counsel for the petitioner, after some argument, seeks permission to withdraw the present quashing application with a liberty to move before an appropriate forum at an appropriate stage as it has been submitted that from bare perusal of the allegation as alleged in the complaint, it would manifest that the same does not inspire confidence. It is next submitted that even the complainant during her evidence has very clearly stated that she was not knowing the accused persons from before. It is thus submitted that if the complainant was not knowing the accused persons from before and they were not known to her, how come they could know about her caste.

Patna High Court CR. MISC. No.43761 of 2023(2) dt.28-08-2023 2/2

3. The learned counsel further draws the attention of the Court to Page-29 of the quashing application to submit that from perusal of deposition of C.W.-3 of the complainant, it would manifest that she herself has stated before the Court that she is giving her evidence as per instruction of the complainant, which further cast an aspersion on the case of the prosecution. It is further submitted that even from perusal of the address of the complainant and the petitioner, it would manifest that they are resident of different villages. It is next submitted that the complainant is also in habit of instituting false cases, a description of which is given at Para-15 of the quashing application.

4. Permission is accorded.

5. Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

6. The Court expects that when discharge application shall be filed by the petitioner, the learned District Court shall take into account the issues raised by the learned counsel for the petitioner which stands recorded herein above. (Satyavrat Verma, J) vikash/- U T