Umesh Kumar @ Umesh Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1864 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Umesh Kumar @ Umesh Mahto, Son of Ram Ekbal Mahto, Resident of Village- Parsa Rai tola, Police Station - Majhaulia, District West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sita Devi, wife of Indrajeet Mahto Resident of Village- Parsa Rai tola, Police Station - Majhaulia ,District West Champaran. .... .... Opposite Parties ================================================== ==== Appearance :

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Parties : Mr. L.K.Sharma(App) ================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. Gone through the order impugned. It shows non-application of mind. The learned Lower Court should have atleast traced out as to whether there happens to be any kind of offence under the Indian Penal Code covered under Section 354 (I)(II) and (V).

Patna High Court Cr.Misc. No.1864 of 2016 (2) dt.08-08-2016 2/2 Accordingly, the order impugned is set aside. The petition is allowed. The matter is remitted back to the learned Lower Court to proceed afresh after going through the case diary.

(Aditya Kumar Trivedi, J.) rinkee/- U T