PATNA HIGH COURT
AJIT KUMAR, J
Kailash Das @ Kailash Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.52495 of 2025
| Table of Content |
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| 1. court maintains status quo with no coercive actions pending hearing. (Para 8) |
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER
4 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Pursuant to the order dated 12.08.2025, notices were issued to O.P. No.2 through registered cover with A.D. as well as through ordinary process with present and correct address, for which requisites were directed to be filed within the time stipulated.
3. This matter was taken up on 03.11.2025 on which date, this case was adjourned awaiting service report. From the Office report dated 25.11.2025, it appears that notices issued to O.P. No.2 through both process have been returned un-served and no valid reason for non-service of notice has been assigned.
4. Today, when this matter has been taken up for consideration, learned counsel for the petitioner submits that requisites have already been filed on the address, which was available with the petitioner and no other address is available with the petitioner for effecting service of notice upon O.P. No.2.
5. Taking into account the situation at hand, this Court finds it proper to get the service of notice effected upon O.P. No.2 through the learned Additional Sessions Judge-VI cum Special Court (POCSO) Samastipur, Bihar.
6. Consequently, for effecting service upon O.P. No.2, the learned Additional Sessions Judge-VI cum Special Court (POCSO) Samastipur, Bihar, is directed to take measures for effecting service of notice upon O. P. No.2, namely, Mala Devi D/O Bhikhari Das R/O Village- Chhatauna, Police Station- Jitwarpur Mufassil, District- Samastipur (Bihar) Current address Jhuggi No. 269, C Block, Suraj Park Samaypur Badli Delhi, through the Investigating Officer of this case and upon service, the due communication shall be made to this Hon’ble Court.
7. List this case on 16.01.2026.
8. In the meantime, no coercive steps shall be taken against the petitioner in connection with Samstipur Mufassil P.S. Case No.130 of 2019 pending in the Court of learned Additional Sessions Judge-VI cum Special Court (POCSO)
(Ajit Kumar, J)
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