Anil Kumar Choudhary And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7070 of 2016 Arising Out of PS.Case No. -218 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Anil Kumar Choudhary Son of Late Pradeep Narayan Choudhary.

2. Meena Devi wife of Anil Kumar Choudhary.

3. Ritesh Kumar Son of Anil Kumar Choudhary.

4. Nilesh Kumar son of Anil Kumar Choudhary.

All are resident of Village Kathotia, Police Station Krityanand Nagar, District- Purnia.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kumari Archana @ Anita Devi wife of Kaushal Kumar Pandey, resident of Mohalla Luxminagar 52 Bhiga, Police Station Sadar District Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

In spite of having been noticed, O.P. No.2 failed to appear. Petitioners have challenged the order dated 13.01.2014 passed by Judicial Magistrate, 1st Class, Darbhanga in Complaint Case No.218/2013 whereby and whereunder petitioners have been directed to face trial for an offence punishable under Section 406, 420 of the IPC. The learned counsel for the petitioners is fair in submitting that the evidence before charge is going on. That being so, now a fresh material has come before the court on the basis of which, plea of the petitioner would be subject to consideration in terms of Section 245 of the Cr.P.C. or 246 of the Cr.P.C.

Patna High Court Cr.Misc. No.7070 of 2016 (3) dt.26-10-2018 In the change circumstance, instant petition has become infructuous and is accordingly dismissed. (Aditya Kumar Trivedi, J.) Prakash Narayan U T