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2017 Supreme(Pat) 60

ADITYA KUMAR TRIVEDI
Usha Kumari W/o Late Bhim Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ajay Kumar Thakur, Mrs. Babita Kumari
For the Opposite Parties : Mr. Satyendra Prasad, Mr. Umesh Kumar Verma
For the State : Mr. P.K. Pandey

ORDER :

1. Petitioner Usha Kumari has challenged order dated 19.08.2010 passed by Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Complaint Case No.1114(c) of 2007 whereby and whereunder she along with others has been summoned to face trial for an offence punishable under Sections 423, 418/34 of the IPC.

2. Opposite Party No.2, Suraj Prasad filed complaint petition, against altogether eleven persons including the Karamchari, Circle Inspector, C.O., Danapur divulging the fact that Mahavir Raut and Rambilash Raut had purchased Khesra No.852, Area 129 decimal, Khesra No.867, 67 decimal corresponding to Khata No.258 from Baijnath Singh, Jagarnath Singh vide sale deed dated 27.04.2015. They have also purchased 25 decimal from Harihar Mishra on the same date (Survey Plot number not mentioned). Then it has been averred that Mahavir Raut and Rambilash Raut orally partitioned whereunder Mahavir got 98 decimal from Plot No.852, Khata No.258, 12.5 decimal from Plot no.853, Khata No.274 and in likewise manner Rambilash got 31 decimal from Khata No.852 and 67 decimal from Khata No.867, 12.5 decimal from Plot No.853. Furthermore, it has been asserted that Gulab Chandra Raut,


































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