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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65686 of 2024 Arising Out of PS. Case No.-436 Year-2023 Thana- KURTHA District- Jehanabad ======================================================
1. Dulariya Devi Wife of Shiv Paswan Resident of village - Chamandi, P.S.- Kurtha, District - Arwal.
2. Shiv Paswan Son of Dhik Lal Paswan Resident of village - Chamandi, P.S.- Kurtha, District - Arwal. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66043 of 2024 Arising Out of PS. Case No.-436 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Sanjay Paswan S/O Shiv Paswan R/O Village- Chamandi, P.S- Kurtha, Distt.- Arwal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 65686 of 2024) For the Petitioner/s : Mr.Mahendra Prasad Bhartee, Advocate For the Opposite Party/s : Mr. Madan, APP (In CRIMINAL MISCELLANEOUS No. 66043 of 2024) For the Petitioner/s : Mr.Mahendra Prasad Bhartee, Advocate For the Opposite Party/s : Mr. Madan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 8 28-04-2025 Both the cases arise out of same P.S. being Kurtha P.S. Case No. 436 of 2023 and hence, are being taken up together.
2. Investigating Officer of the present case has appeared before this Court and has filed a counter affidavit
Patna High Court CR. MISC. No.65686 of 2024(8) dt.28-04-2025 2/2 regarding the recovery of the victim girl vide order dated
07.04.2025.
3. On perusal of the counter affidavit filed by the Investigating Officer and learned APP for the State would go to show that the body the victim had been cremated by the accused. Final form has been submitted in the case. So far as petitioner Dulariya Devi in Cr. Misc. No. 65686 of 2024 is concerned, final form is in her favour and in such view of the matter there is no apprehension of arrest to petitioner Dulariya Devi and hence, the instant application is not maintainable with regard to her. With regard to accused Shiv Paswan, the petitioner herein who is the father-in-law of the deceased and accused Sanjay Paswan, in Cr. Misc. No. 66043 of 2024 who is the husband of the deceased have been arrested and hence, both the applications have become infructuous.
4. Accordingly, the application is disposed of as having become infructuous.
Harsh/- (Soni Shrivastava, J) U T