Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55788 of 2016 Arising Out of PS. Case No.-36 Year-2013 Thana- ASARGANJ District- Munger ====================================================== Ajay Kumar Singh Late Surendra Singh, Resident of Village- Kamray, P.S.- Asarganj, Distt- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-04-2024 Heard the learned counsel for the petitioner as well as Sri Shailendra Kumar, the learned APP for the State.

2. This application has been filed for quashing of the order dated 17.09.2016 passed by the learned Sessions Judge, Munger in Sessions Trial No. 16 of 2015, arising out of Asarganj P.S. Case No. 36 of 2013.

3. Vide impugned order dated 17.09.2016, the learned court below allowed the application of prosecution to examine Muskan Kumari, sole eye witness who is daughter of the deceased and was about 4 years of age at the time of occurrence. The learned court below found that she is the most important witness and her examination is essential for just decision of the case. Accordingly, the court below allowed the application of

Patna High Court CR. MISC. No.55788 of 2016(3) dt.24-04-2024 2/2 the prosecution.

4. I do not find any illegality or impropriety in the impugned order. Accordingly, this criminal miscellaneous petition is dismissed.

(Nawneet Kumar Pandey, J) Kundan/- U T