Nandlal Prasad vs The State Of Bihar Through The Principal ...
2024 Latest Caselaw 5152 Patna

Patna High Court

Nandlal Prasad vs The State Of Bihar Through The Principal ... on 1 August, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.1518 of 2024
       Arising Out of PS. Case No.-130 Year-2024 Thana- SHEKHPURA District- Sheikhpura
     ======================================================
     Nandlal Prasad S/o Baleshwar Prasad Resident of village Bangalipar, P.S. -
     Kasar (Sheikhpura), at present R/o Sumaka Chorwar, Chorwar, Distt. -
     Sheikhpura

                                                            ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary, Home Dept., Gov. of
     Bihar, Patna Advocate general Bihar Patna
2.   The Director General of Police (DGP), Bihar, Patna BIhar
3.   The District Magistrate (DM), Sheikhpura, Bihar Bihar
4.   The Superintendent of Police (SP), Sheikhpura, Bihar Bihar
5.   The Deputy Superintendent of Police (DYSP), Sheikhpura, Bihar Bihar
6.   The Deputy Superintendent of Police (DYSP), Sheikhpura, Bihar Bihar
7.   The Umesh Prasad S/o Late Dukhi Mahato R/o vill - Bangalipar,
     Sheikhpura, Bihar
8.   The Baby Devi W/o Umesh Prasad R/o vill - Bangalipar, Sheikhpura, Bihar
9.   Mosmat Gayatri Devi W/o Not known NA
10. Nepal Kumar @ Chotu S/o Umesh Prasad R/o vill - Bhagalipar, Sheikhpura,
    Bihar
11. Dharmpal Kumar S/o Umesh Prasad R/o vill - Bhagalipar, Sheikhpura,
    Bihar
12. Shisupal Kumar S/o Umesh Prasad R/o vill - Bhagalipar, Sheikhpura, Bihar

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr.Shambhu Sharan Singh
     For the Respondent/s    :        Mr.Prabhu Narayan Sharma A.C. to A.G.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 01-08-2024 The learned State counsel, Mr. Prabhu Narayan Sharma,

on instructions submitted that victim girl was secured and she was

produced before the Jurisdictional Magistrate and her statement was

recorded under Section 183 of B.N.S.,2023 Thereafter, she has been Patna High Court CR. WJC No.1518 of 2024 dt.01-08-2024

sent to Child Welfare Committee, Begusarai on 26.07.2024.

2. Learned counsel for the petitioner is hereby directed to

secure instructions from the petitioner in respect of the

aforementioned development. If he is disputing, in that event,

petitioner is hereby directed to file his personal affidavit. If the

personal affidavit is misleading this Court, in that event, criminal

proceedings would be initiated under Section 340 of Cr.P.C.

3. At this stage, learned counsel for the petitioner

submitted that matter could be disposed of in the light of

aforementioned averment on behalf of State. Accordingly, present

petition stands disposed of. Reserving liberty to recall this order in

the form of interlocutory application, if any, disputed issues about the

aforementioned recording of events.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J) vashudha/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.08.2024
Transmission Date       NA