Patna High CourtCR. MISC./44282/2014disposed

Rajnish Ranjan @ Bagul And ORS. v. State Of Bihar And ANR

2017-09-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44282 of 2014 Arising Out of PS. Case No.-171 Year-2011 Thana- Mahua District- Vaishali ======================================================

1. Rajnish Ranjan @ Bagul, Son of Anand Mohan Choudhary

2. Chandan Choudhary, Son of Anand Mohan Choudhary

3. Sanjay Choudhary, Son of Mahendra Choudhary

4. Mahendra Choudhary, Son of Baldeo Choudhary

5. Runa Devi, Wife of Sanjay Choudhary

6. Mini Devi, Wife of Anand Mohan Choudhary

7. Sunita Devi, Wife of Shashi Choudhary

8. Jhunjhun Choudhary, Son of Shashi Choudhary All residents of village- Baijnathpur, P.S.- Mahua, District- Vaishali.

... ... Petitioners

Versus

1. The State of Bihar

2. Kiran Devi, Wife of Manoj Kumar Choudhary, resident of villageBaijnathpur, P.S.- Mahua, District- Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2017 Sri Anuj Kumar, learned counsel for the petitioners, in presence of Sri Parmeshwar Mehta, learned Addl. Public Prosecutor, submits that the present petition was filed against an order, which was passed on 17.09.2014 by the learned Addl. Sessions Judge-V, Vaishali at Hajipur in Sessions Trial No.258/2012, arising out of Mahua P.S. Case No.171/2011, whereby the petition filed by the petitioner praying therein not to frame charge under Section 307 of the Indian Penal Code has

Patna High Court Cr.Misc. No.44282 of 2014(2) dt.08-09-2017 2/2 been rejected. Presently, he is not in a position state as to what development has taken place in the present case before the court below.

Moreover, I have perused the order impugned, which does not warrant any interference. However, without recording any opinion on the merit of the case in absence of present status of the case, there is no reason to keep the matter pending. The plea, which has been taken by the petitioners, shall be left open to them to be argued before the trial court at the appropriate stage. The petition stands disposed of.

(Rakesh Kumar, J) nawalkrs/- U T