Diwakar Kumar @ Raja Yadav @ Raja Diwakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49352 of 2023 Arising Out of PS. Case No.-101 Year-2010 Thana- JAMALPUR District- Munger ====================================================== DIWAKAR KUMAR @ RAJA YADAV @ RAJA DIWAKAR S/O RAM PRAKASH YADAV R/O Village- Dalhata, Kumari Toli, Basudeopur, P.SKotwali, Distt.- Munger-811801. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kashyap For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner for quashing the order dated 22.02.2023 passed in Jamalpur P.S. Case No. 101 of 2010.

3. As per the prosecution case, the petitioner has threatened to kill the O.P. No. 02 if the O.P. No. 02 does not withdraw the case lodged against the petitioner.

4. While rejecting the discharge application of the petitioner, learned Magistrate has passed a detailed order discussing the materials available on record and upon perusal of the impugned order, it appears that a strong prima facie case has been found against the petitioner.

Patna High Court CR. MISC. No.49352 of 2023(2) dt.31-07-2023 2/2

5. In view of the above, and also considering the law laid down by the Hon'ble Supreme Court in the case of State of Bihar vs Ramesh Singh 1977 SCC 4 39, this Court is not inclined to interfere in the impugned order, as the same is passed in accordance with law.

6. Accordingly, the application of the petitioner is dismissed.

(Sandeep Kumar, J) Vikas/- U T