Madan Rai And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7788 of 2019 Arising Out of PS. Case No.-242 Year-2014 Thana- BAHERI District- Darbhanga ====================================================== 1.

Madan Rai Son of Late Baleshwar Rai Resident of Village-Madhuban, P.S.- Khanpur 2.

Poonam Devi Wife of Madan Rai Resident of Village-Madhuban, P.S.- Khanpur ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Kabita Devi Wife of Pintu Kumar Rai, Daughter of Ramdev Rai Resident of Village-Banndihuli, P.S.-Baheri ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-03-2025 Heard the parties.

2. This is an application for quashing of the order dated 11.05.2015 passed by the Judicial Magistrate 1st Class, Darbhanga in Bahari P.S. Case No. 42 of 2014 by which the Court below has taken the cognizance under Sections 341, 323, 504, 498A and 34 of the I.P.C. and under Section 3⁄4 of the DP Act against the petitioners.

3. After some arguments, learned counsel for the petitioners prays for and is permitted to withdraw this application with liberty to raise all the grounds at the stage of discharge.

Patna High Court CR. MISC. No.7788 of 2019(4) dt.18-03-2025 2/2

4. The Court below will consider the case of the petitioners in light of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577.

5. Accordingly, this application is dismissed as withdrawn with the aforesaid liberty to the petitioners. (Sandeep Kumar, J) Shishir/- U T