Manoj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 45320 of 2013 ====================================================== Manoj Kumar S/O Late Babu Kauleshwar Prasad Sinha Resident of Village- Sattar, Police Station- Maner, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. Pushapa Singh W/O Laxaman Singh Mohalla- Rewa, Post Office- Saray, Police Station- Maner, District- Patna, At Present E/7, Abhiyanta Nagar, Police Station- Rajeev Nagar, Post Office- Ashiyana Nagar, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Rajpati For the Opposite Party/s : Mr. Umeshanand Pandit(App) Mrs. Soni Srivastava Mr. Vijay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

04-07-2016 Heard Sri Pramod Rajpati, learned counsel for the petitioner, Sri Umeshanand Pandit, learned Addl. Public Prosecutor as well as Smt. Soni Srivastava, learned counsel assisted by Sri Vijay Kumar Singh, learned counsel for complainant/opposite party no. 2.

The petitioner has approached this Court against an order dated 11-03-2013 passed by learned Judicial Magistrate 1st Class, Patna in Complaint Case No. 1277(C) of 2008, whereby petition filed by the petitioner under Section 245 of Cr.P.C. for discharge has been rejected.

Learned counsel for the petitioner tried to persuade the Court that the petitioner has already refunded entire amount,

Patna High Court Cr.Misc. No.45320 of 2013 (4) dt.04-07-2016 2/2 even thereafter, the present case was filed. He further submits that besides present case, other cases were also lodged. Besides hearing, I have also perused the material available on record. I do not find any apparent error in the impugned order warranting interference.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T