Patna High CourtCR. MISC./64692/2019allowed

Mostt. Neelu Devi v. The State Of Bihar

2023-08-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64692 of 2019 Arising Out of PS. Case No.-154 Year-1999 Thana- SIKANDRA District- Jamui ====================================================== MOSTT. NEELU DEVI Wife of Late Madheshwar Sharma Resident of Village-Mahila, P.S.-Giriyak, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Vinay Prasad Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-08-2023 Heard learned counsel for the parties.

This application has been filed for quashing of the order dated 23.08.2016 passed by learned Additional District and Sessions Judge, Jamui, in Sessions Trial No. 628 of 2010, by which learned Judge has declared the petitioner as absconder and issued warrant of arrest against the petitioner. It has been submitted by the learned counsel for the petitioner that the informant and one of the co-accused Prithvi Chand Poddar has died and the petitioner is aged about 60 years and she is bed ridden. It has also been submitted by the learned counsel for the petitioner that the petitioner is ready to participate/cooperate in the case.

In view of the above, this application is allowed. Accordingly, order dated 23.08.2016 passed by

Patna High Court CR. MISC. No.64692 of 2019(3) dt.03-08-2023 2/2 learned Additional District and Sessions Judge, Jamui, in Sessions Trial No. 628 of 2010 is hereby quashed in the interest of justice. The petitioner is directed to cooperate in the case as it has been submitted by the learned counsel for the petitioner that the petitioner is a bed ridden, he is given liberty to file medical documents for permanent exemption from appearance in the court below.

With the aforesaid observations and directions, this application is allowed.

(Sandeep Kumar, J) Guddu/- U T