Patna High Court - Orders
Baidehi Devi vs The State Of Bihar on 19 October, 2012
Author: Shivaji Pandey
Bench: Shivaji Pandey
Patna High Court Cr.Misc. No.16329 of 2011 (3) dt.19-10-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16329 of 2011
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1. Baidehi Devi W/O Dinesh Prasad Singh R/O Vill. Samho Sarlahi, P.S.
Samho, Distt. Begusarai
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
3 19-10-2012Heard learned counsel for the petitioner and learned counsel for the State.
The counsel for the petitioner is directed to implead the informant as O.P. No. 2 to this petition.
In this case, the petitioner is challenging the order dated 22.9.2009 in connection with Sanho P.S. Case No. 32 of 2008, G.R. No. 3869/2008 for offences under sections 147, 148, 149, 323, 504, 435, 307, 309/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner being a lady is not named in the F.I.R. but during investigation her name has surfaced on the statement of the doctor who has filed an application on 31.1.2009 which is apparent from paragraph 34 of the case diary. The counsel for the petitioner further submits that the petitioner is an elderly woman and the allegation that has been made is far from the truth. The petitioner being a lady and the nature of the allegation is somewhat Patna High Court Cr.Misc. No.16329 of 2011 (3) dt.19-10-2012 unbelievable.
In view of the submission, this Court feels that notice be issued to the informant, O.P. No.2.
Issue notice to the O.P.No.2 under registered cover as well as through ordinary process for which requisites etc. must be filed after one week after Durga Puja holidays, failing which this petition as against him shall stand rejected without further reference to a Bench.
In the meantime, only in connection with this petitioner further proceedings in the court below in Sanho P.S. Case No. 32 of 2008, G.R. No. 3869/2008 pending in the court of Sri S.N. Ram, Judicial Magistrate 1st class, Begusarai shall remain stayed but the court below will proceed with the case against other accused persons.
After appearance of the O.P. No. 2, the case will be listed at the top of the list.
This order has been passed on considering the age of the petitioner as she is an elderly woman.
(Shivaji Pandey, J) Mahesh/-