← Library
Patna High CourtCR. MISC./32190/2017dismissed

Shiv Shankar Prasad Sah @ Shiv Shankar Sah v. State Of Bihar And ANR

2023-10-10Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32190 of 2017 Arising Out of PS. Case No.-265 Year-2013 Thana- GOPALPUR District- Bhagalpur ====================================================== Shiv Shankar Prasad Sah @ Shiv Shankar Sah Son of Late Nandan Sah, Resident of Village- Matha Bandh, Pani Tanki, Police Station and DistrictDeoghar Jharkand. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Rubi Kumari, Wife of Shri Shiv Shankar Sah and Daughter of Sri Dhaneshwar Prasad Sah, at Present residing at Village-Sadhuwa, Police Station-Gopalpur Rangra, District-Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murari Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-10-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. On query of the Court from the learned counsel for the petitioner that as to what is the stage of the trial presently, the learned counsel for the petitioner submits that despite his best endeavours, he could not seek instruction from the petitioner with respect to the stage of the trial.

3. The learned A.P.P. for the State, Mr. Chandra Bhushan Prasad, opposes the quashing application and submits that since the trial has commenced and petitioner is the husband, as such, the Court, at this stage, should be reluctant to interfere in such cases.

Patna High Court CR. MISC. No.32190 of 2017(2) dt.10-10-2023 2/2

4. Considering the submissions made by the learned APP and the fact that the trial has commenced, the Court is not inclined to entertain the quashing application.

5. Accordingly, the present quashing application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T