Avinash Singh @ Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.362 of 2016 Arising Out of PS.Case No. -155 Year- 2012 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Avinash Singh @ Pankaj son of Inderdeo Yadav, resident of village - Birai, P.S.- Daudnagar, District - Aurangabad ( Bihar ) .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kulanand Jha, Advocate For the Respondent/s : Mr. S.A.Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-11-2018 I.A. No.3042 of 2018 By way of the present interlocutory application, the appellant has prayed to withdraw the appeal preferred against the judgment and order of conviction 13.04.2016/16.04.2016 in Session Trial No.123 of 2013/34 of 2013 arising out of Daudnagar P.S. Case No.155 of 2012 passed by the learned Additional Sessions Judge-III, Aurangabad whereby he has convicted and sentenced the appellant for seven years under Section 304B of the Indian Penal Code and to pay a fine of rupees five thousand and in default of payment of fine to undergo simple imprisonment for further one year.

It is submitted by the learned counsel for the appellant that by now the appellant has already served out the

Patna High Court CR. APP (SJ) No.362 of 2016 (6) dt.02-11-2018 2/2 sentence and he does not wish to press the memo of appeal. Learned counsel for the State raised no objection to the prayer of the appellant.

Since the appellant himself does not want to press this appeal, no useful purpose would be served by not allowing the prayer of the appellant.

Accordingly, the appeal is disposed of as withdrawn. (Ashwani Kumar Singh, J) Md.S./- U T