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Patna High CourtCR. MISC./49063/2019disposed

Md. Sabir v. The State Of Bihar

2023-05-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49063 of 2019 Arising Out of PS. Case No.-2445 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

MD. SABIR Son of Md. Sahut Resident of Jagta, P.S.- Raniganj, DistrictAraria. 2.

Md. Sahut Son of Late Md. Ebrahim Resident of Jagta, P.S.- Raniganj, District- Araria.

3.

BibiNajira W/o Md. Sahut Resident of Jagta, P.S.- Raniganj, District- Araria. 4.

Md. Rasid Son of Md. Sahut Resident of Jagta, P.S.- Raniganj, DistrictAraria. 5.

Md. Kailla Son of Md. Sahut Resident of Jagta, P.S.- Raniganj, DistrictAraria. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Bibiyashmin Daughter of Jalalludin Resident of Rajokhar, P.S.- Arariya R.S., District- Arariya, Pin Code- 854312.

3.

Md. Ahmad Son of Md. Arshad @ Deva Resident of Village- Bisanpura, P.S.- Raniganj, District- Arariya. Pin Code4. Md. Aarif Son of Md. Fafique Resident of Village and Post- Rajokhar, P.S.- Arariya, District- Arariya, Pin Code- 854312. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

This application is filed for quashing of order dated 10.08.2018 passed by learned SDJM, Araria in Complain Case No. 2445(C)/2017 whereby and whereunder the learned Court below was pleased to take the cognizance under Section 498(A) of the Indian Penal code and 4 of Dowry Prohibition Act against

Patna High Court CR. MISC. No.49063 of 2019(3) dt.12-05-2023 2/2 the all accused persons who was named in complaint petition. It has been submitted by the learned counsel for the petitioner that the case is pending for framing of charge. This application is disposed of with liberty to petitioner to raise all the grounds at the stage of framing of charge and pray for discharge. The Court below will decide the discharge application in accordance with law. With the aforesaid observation and directing, this application is disposed of.

(Sandeep Kumar, J) Sunnykr/- U T