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Patna High CourtCR. MISC./60031/2024withdrawn

Md. Kalam v. The State Of Bihar

2024-09-11Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60031 of 2024 Arising Out of PS. Case No.-179 Year-2020 Thana- DHAKA District- East Champaran ====================================================== 1.

Md. Kalam Son Of Nek Mohammad R/V- Village- Karsahiya, P.S.- Dhaka, Distt.- East Champaran 2.

Gulnaj Begum D/O- Md. Kalam R/V- Village- Karsahiya, P.S.- Dhaka, Distt.- East Champaran 3.

Najbun Nesha Wife Of Md. Kalam R/V- Village- Karsahiya, P.S.- Dhaka, Distt.- East Champaran 4.

Saibun Nesha Wife Of Nek Mohammad R/V- Village- Karsahiya, P.S.- Dhaka, Distt.- East Champaran 5.

Md. Shamim @ Md. Shamim Alam Son Of Nek Mohammad R/V- VillageKarsahiya, P.S.- Dhaka, Distt.- East Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2024 Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the State. 2.

At the outset, learned Additional Public Prosecutor for the State has taken a preliminary objection that the petitioners have been given benefit under Section 41(i) of the Cr.P.C., hence, there is no apprehension of arrest of these petitioners. 3.

In view of the submission made by the learned Additional Public Prosecutor for the State and also taking into account the fact that there is no apprehension of arrest of these petitioners, the learned counsel for the petitioners seek permission to withdraw the present application with a liberty to the petitioners to move before the appropriate forum when the apprehension arises.

Patna High Court CR. MISC. No.60031 of 2024(2) dt.11-09-2024 2/2 4.

Permission, as prayed for, is accorded.

5.

Accordingly, with the aforesaid liberty, the present application stands dismissed as withdrawn.

(Rajesh Kumar Verma, J) Shahnawaz/- U T