IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.256 of 2026 Arising Out of PS. Case No.-510 Year-2025 Thana- JHAJHA District- Jamui ====================================================== 1. Tukan Mandal S/o Late Narayan Mandal R/o Village- Shair, Police Station- Jhajha, District- Jamui 2. Kundan Mandal @ Kundan Kumar S/o Tukan Mandal @ Tuken Mandal R/o Village- Shair, Police Station- Jhajha, District- Jamui ... ... Appellant/s Versus 1. The State of Bihar 2. X X X S/o Gauri Paswan R/o vill - Baijalpura, Ward No. 1, P.S.- Jhajha, Distt.- Jamui ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pankaj Kumar Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 09-04-2026 1. Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. The Special Public Prosecutor for the State, at the outset, raises the issue of maintainability. 3. It is submitted that the case is instituted under the POCSO Act also, as such, a criminal miscellaneous application ought to have been filed instead of criminal appeal in view of the orders of this Court. 4. At this stage, learned counsel appearing on behalf of the appellants seeks permission to withdraw the appeal with liberty to the appellants to file criminal miscellaneous application afresh. Patna High Court CR. APP (SJ) No.256 of 2026(3) dt.09-04-2026 2/2 5. Permission is accorded. 6. Accordingly, the instant appeal is dismissed as withdrawn. 7. The Office is directed to return all the copies annexed with the instant appeal including the certified copies, except the Vakalatnama to the learned counsel appearing on behalf of the appellants. Kundan/- (Satyavrat Verma, J) U T