Rup Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10740 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- KHUTAUNA District- Madhubani ====================================================== Rup Narayan Yadav, son of Jasodhar Yadav @ Yasodhar Yadav, Resident of Village- Dhanuki, P.S. Lalmaniya, District- Madhubani ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-04-2022 Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner and Md. Fahimuddin, learned A.P.P. for the State.

Perusal of the impugned order shows that the learned Magistrate has found a prima-facie case under Section 302/34 of the Indian Penal Code after going through various paragraphs of the case diary. This is not the stage where this Court is supposed to decide as to whether the prima-facie opinion of the learned Magistrate based on those materials on the record is correct or not. The degree of satisfaction required at this stage on the part of the learned Magistrate is satisfied from his order itself. This Court while not interfering with the

Patna High Court CR. MISC. No.10740 of 2021(2) dt.28-04-2022 2/2 impugned order grants liberty to the petitioner to raise all such issues which are available to him at the time of framing of charge.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.