Patna High CourtCR. MISC./50906/2023disposed

Lalan Paswan v. The State Of Bihar

2024-01-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50906 of 2023 In CRIMINAL MISCELLANEOUS No.21819 of 2018 Arising Out of PS. Case No.-20 Year-2017 Thana- KAUWAKOL District- Nawada ====================================================== Lalan Paswan S/O Late Darogi Paswan R/O Village- Telari, P.S- Rupau, Distt.- Nawada.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Advocate For the State :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for modification of the order dated 17.02.2023 passed in Cr. Misc. No. 21819 of 2018.

3. It has been submitted by learned senior counsel for the petitioner that the order dated 17.02.2023 was passed on the submission of learned counsel for the Opposite Party No. 2 that the girl is still missing.

4. Learned counsel for the petitioner has submitted that the girl is not missing and she is very much alive and her own statement under Section 164 Cr. P.C. was recorded by the learned Magistrate.

Patna High Court CR. MISC. No.50906 of 2023(5) dt.19-01-2024 2/2

5. Mr. Prem Nath, learned counsel for the Opposite Party No. 2 has appeared and he submits that he had given the statement on the instructions of his client and now the client is not picking up his phone. It appears that the learned lawyer for the Opposite Party No. 2 has himself being taken for a ride by his client.

6. In these circumstances, this application is disposed of with liberty to the petitioner to file a fresh application for quashing.

7. The petitioner shall not be arrested in connection with Kauakol (Rupau) P. S. Case No. 20 of 2017 for the next eight weeks.

8. This application is disposed of with the aforesaid observation.

9. Let a copy of this order be communicated to the Superintendent of Police, Nawada for its compliance through FAX or e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U T