Kanhaiya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57119 of 2019 Arising Out of PS. Case No.-8 Year-2012 Thana- MAHILA P.S. District- Munger ====================================================== KANHAIYA KUMAR SINGH Son of Anjani Kumar Singh Resident of Village - Garhi Rampur, P.S.- Naya Ram Nagar, District- Munger ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Khushboo Kumari D/O - Naresh Rai Resident of Village - Parsando, P.S.- Haveli Kharagpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2025 Heard the parties.

2. The present application has been filed for quashing the order dated 30.07.2019 passed by learned Additional Sessions Judge-I, Munger in Sessions Trial No. 430 of 2012 arising out of Mahila P.S. Case No. 8 of 2012.

3. It has been submitted by the learned counsel for the petitioner that though the witnesses were cross-examined by the defence but some more questions regarding the rape having been committed or not are to be put to witness no. 01 i.e. the informant of this case and therefore the defence may be allowed to recall the witness no. 1. for further cross-examination.

Patna High Court CR. MISC. No.57119 of 2019(3) dt.10-04-2025 2/2

4. In the opinion of this Court, the defence has hot enough opportunity to cross-examine the witnesses and the defence cannot be allowed to fill-up the lacuna now.

5. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U