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Patna High CourtCR. MISC./54692/2022disposed

Mukesh Paswan v. The State Of Bihar

2023-08-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54692 of 2022 Arising Out of PS. Case No.-212 Year-2018 Thana- KATIHAR NAGAR District- Katihar ====================================================== MUKESH PASWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-08-2023 Heard learned counsel for the parties.

Since the case has proceeded and the trial is on the verge of completion, therefore, this Court is not inclined to interfere in this case.

In view of the above, this application is disposed of with liberty to the petitioner to raise all the grounds including the ground that no offence under Section 376 is made out in view of the law laid down by the Hon'ble Supreme Court in the case of Shambhoo Kharwar vs. State of Uttar Pradesh 2022 SCC OnLine SC 1032 in Cr. Appeal No. 1231 of 2022.

Patna High Court CR. MISC. No.54692 of 2022(2) dt.18-08-2023 2/2 With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) Guddu/- U T