Patna High CourtCR. MISC./42637/2014disposed

Umesh @ Jaldhar Sharma And ORS v. State Of Bihar And ANR

2017-09-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42637 of 2014 Arising Out of PS.Case No. -314 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Umesh @ Jaldhar Sharma Son of Nand Lal Sharma

2. Pappu Sharma Son of Nand Lal Sharma

3. Bimli Devi Wife of Umesh Sharma @ Jaldhar Sharma

4. Anita Devi Wife of Pappu Sharma

5. Uttam Das Son of Late Sarjug Das

6. Nandlal Das @ Sharma Son of Late Raghu Das

7. Kaushila Devi Wife of Uttam Das

8. Gunwa Devi Wife of Nandlal Das, All are resident of VillageBharatpur, P.S.-Sono, District-Jamui.

9. Mukesh Das Son of Nand Lal Das

10. Nirmala Devi Wife of Mukesh Das, Both are Resident of VillageTenghara, P.S.-Laxmipur, District-Jamui.

11. Ram Das Son of Bishu Das

12. Chunarba Devi Wife of Ram Das, Both are resident of VillageKasraidih, P.S.-Chandramadih, District-Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sharda Devi Wife of Sidheshwar Das Resident of Village-Bharatpur, P.S.-Sono, District-Jamui.

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

For the Petitioner/s : Mr. Satya Ranjan Sinha, Adv. Ms. Seema Kumari, Adv.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2017 The learned counsel for the petitioner has assailed the order dated 5.5.2012 by which the learned Judicial Magistrate, 1st Class, Jamui, upon perusal of the complaint petition as well as restatement of complainant on S.A. and depositions of two inquiry witnesses, has found sufficient substance so as to proceed further in the case and, accordingly having found out a prima facie case

Patna High Court Cr.Misc. No.42637 of 2014 (2) dt.15-09-2017 2/2 against the accused persons, the petitioners herein have been summoned.

The learned counsel for the petitioners submits that there is a case and counter case and the present complaint has been filed on account of enmity and in a mala fide manner. The learned counsel for the petitioners states that he may be given a liberty to file a discharge petition at an appropriate stage, hence he does not want to press the present petition. Accordingly, with a liberty to the petitioners to file a discharge petition, the present petition is disposed of. (Mohit Kumar Shah, J) BTiwary/- U T