Prince Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41643 of 2013 Arising Out of PS.Case No. -165 Year- 2009 Thana -BARBIGHA District- SEKHPURA ===========================================================

1. Prince Kumar Son Of Raj Ballabh Das Resident Of Village - Samas Buzurg P.S.- Barbigha, Dist.-Sheikhpura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lakhan Lal, son of late Dwarka Prasad Lal, resident of village - Nasib Chack, P.S.-Barbigha (Mission OP.) Dist.-Sheikhpura .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anisur Rahman, Adv. For the State : Mr. Parmeshwar Mehta, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-09-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 29.11.2011 passed by the Chief Judicial Magistrate, Sheikhpura, in Barbigha P.S. Case No. 165 of 2009. The case of the Informant is that his grand daughter had been kidnapped by the accused persons. Subsequently, the alleged victim came for protection before this Court and it appears that now the girl and the Petitioner are living in their matrimonial home and two children have also been born out of the wedlock. The order sheet of the Court below also reveals the above situation. Considering that in the event the trial will be a futile

Patna High Court Cr.Misc. No.41643 of 2013 dt.17-09-2015 2/2 exercise, the application is allowed and the Proceeding including the order of cognizance dated 29.11.2011 passed by the Chief Judicial Magistrate, Sheikhpura, in Barbigha P.S. Case No. 165 of 2009, is hereby, set aside.

(Anjana Prakash, J) S.Ali/- U T