Patna High CourtCR. MISC./15532/2018disposed

Binda Devi And ORS v. The State Of Bihar

2018-09-07Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15532 of 2018 Arising Out of PS. Case No.-160 Year-2016 Thana- NAUGACHIA District- Bhagalpur ======================================================

1. Binda Devi Wife of Tarni Rikyasan

2. Rakesh Rikyasan @ Rakesh Kumar, Son of Tarni Rikyasan,

3. Jaya Kumari, Daughter of Tarni Rikyasan

4. Tarni Rikyasan, Son of Late Kedar Rikyasan

5. Dinesh Rikyasan, Son of Late Kedar Rikyasan

6. Jyotish Rikyasan, Son of Dinesh Rikyasan

7. Satish Rikyasan, Son of Dinesh Rikyasan

8. Mohan Kumar @ Mohan Rikyasan, Son of Dinesh Rikyasan

9. Sanni Kumar @ Sunni Rikyasan, Son of Dinesh Riyasan

10. Nutan Devi Daughter of Dinesh Rikyasan 11.Bharni Devi, Wife of Dinesh Riyasan All residents of Musharri Patti, Naugachia, Ward No. 19, P.S. Naugachia, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-09-2018 No interference is called out at this stage. The petitioners are named in the F.I.R. and now after filing of charge-sheet the learned A.C.J.M. II, Naugachia has taken cognizance of the offences.

The petitioners will have occasion to demonstrate before the court below at the time of framing of charge that there is no material indicating the availability of the ingredients of the offences alleged against them. If the court below shall find the same, in the opinion of this Court, that will be the

Patna High Court Cr.Misc. No.15532 of 2018(3) dt.07-09-2018 2/2 appropriate stage where relief may be granted to the petitioners. The petitioners will have the liberty to raise all such plea which are available to them at the time of framing of charge. On filing of such application the court below shall consider the materials available on the record and the submissions of the petitioners whereupon a reasoned order shall be passed.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) avin/- U T