Dinesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43043 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== DINESH KUMAR SINGH S/o- Late Radhey Shyam Singh Residing in Mandal Bhawan, Near Hanuman Temple, Rajbanshinagar, P.S.- Shastrinagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Anugya Kumari D/o Braj Kishore Singh Resident of Village- Krishnanagar, P.S.- Bikramganj, District- Rohtas.

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-08-2019 The petitioner seeks quashing of the order dated 31.05.2019 passed by the learned Additional Sessions Judge, VIth Patna in connection with Sessions Trial No. 688 of 2018 arising out of Mahila P.S. Case No. 59 of 2018 whereby charges has been framed against the petitioner under Section 376 of the Indian Penal Code.

The grounds of challenge is that without there being any medical or FSL report on record, such an order was passed.

Patna High Court CR. MISC. No.43043 of 2019(2) dt.01-08-2019 2/2 Mr. Mahendra Thakur, learned advocate, after some arguments, seeks permission to withdraw this petition in order to enable the petitioner to contest the case in trial. Needless to state that this court has not made any observation over the merits of the case which shall be tested in the trial.

The petition stands dismissed as withdrawn.

(Ashutosh Kumar, J) krishna/- U T