IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1048 of 2024 Arising Out of PS. Case No.-13 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== 1. Ashwani Kumar Singh @ Ashwani Kumar S/o Upendra Singh @ Upendra Narayan Singh R/o vill - Akhgaon, p.s. - Sandesh, Distt. - Bhojpur 2. Bipin Kumar @ Bipin Kr. Singh @ Kumar Bijayant S/o Kedar Nath Singh @ Kedar Singh R/o vill - Akhgaon, p.s. - Sandesh, Distt. - Bhojpur 3. Chandradev Singh S/o Late Jagdish Singh R/o vill - Akhgaon, p.s. - Sandesh, Distt. - Bhojpur ... ... Appellant/s Versus 1. The State of Bihar 2. Bittu Kumar S/o Ram Chhapit Ram R/o vill - Akhgaon, P.S. - Sandesh, Distt. - Bhojpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sunil Kumar For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10 17-07-2025 Heard learned counsel for the appellants and learned Counsel for the State. 2. The present Memo of Appeal is directed against the order dated 03-10-2023 passed by learned Ist Additional Sessions Judge, Bhojpur (Ara) in SC/ST Case No. 81 of 2022 (arising out of Sandesh P.S. Case No. 13 of 2022) by which, the learned court below took cognizance for the offence punishable under Sections-147, 148, 149, 341, 323, 452, 504, 506, 354 of the Indian Penal Code and Sections-3(i)(r)(s)(w), 3(2)(va) of SC/ST Act against the appellants. 3. According to allegation, the accused persons entered into house of the informant and they assaulted his sister Patna High Court CR. APP (SJ) No.1048 of 2024(10) dt.17-07-2025 2/2 and sister-in-law (Bhabhi). 4. Learned counsel for the appellants has submitted that the independent witnesses in paragraph No. 8 & 9 of the case diary, did not name the present appellants. The sister-in-law (Bhabhi) of the informant was not examined by the investigating authorities and the sister of the informant was though examined but did not name the appellants. 5. Taking into account the aforesaid facts, the investigating authorities submitted final form against the appellants but differing with the opinion of the investigating authorities, the learned court below took cognizance against the appellants also along with other accused persons. 6. Considering the above-mentioned facts and circumstances, the cognizance taken by the court below vide order dated 03-10-2023 is quashed with respect to the appellants only. 7. So far as the other accused are concerned, the order taking cognizance against them shall remain as it is. 8. The present appeal is, accordingly, allowed. A.K.V.//- (Nawneet Kumar Pandey, J) U T