Manohar Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28489 of 2013 Arising Out of PS.Case No. -99 Year- 2013 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Manohar Kumar, son of Raj Kumar Mahto, resident of Mohalla- Kharpar, Sheikhpura, P.S. Sheikhpura, District Sheikhpura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bhaso Devi, wife of Dharmendra Prasad resident of Mohalla - Kharpar, Sheikhpura, P.S. Sheikhpura, District Sheikhpura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. sudhir Kumar Upadhyaya For the Opposite Party/s : Mrs. Veena Rani Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and Sri Madan Kumar, learned A.P.P.

In view of the order dated 25.4.2016, report from the court below has been received and kept at flag 'A'. Report indicates that before charge four witnesses have already been examined. The petitioner in this case has assailed the order of cognizance on the plea that dispute is virtually a civil dispute and colour of criminal offence has been given.

Be that as it may, since before charge four witnesses have already been examined, the court proposes to dispose of the present petition granting liberty to the petitioner to raise all the

Patna High Court Cr.Misc. No.28489 of 2013 (3) dt.17-05-2016 2/2 points, which have been raised in the present petition before the court below at the stage of charge. If such petition is filed the court expects that the learned Magistrate may examine the same in accordance with law.

(Rakesh Kumar, J) Praful/- U T