IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74466 of 2025 Arising Out of PS. Case No.-269 Year-2017 Thana- PUPRI District- Sitamarhi ======================================================

Dr. Safiya Khatoon @ Dr. Sakiya Praween @ Dr Shafiya Khan @ Shofia Shabnam @ Safia Khatoon, W/o Dr. Ishtiaq Ahmed Khan, Resident of Vill. -

Rudauli, P.S. - Bajpatti, Distt. - Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar.

2. X X X ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

3 20-01-2026 Heard the learned counsel for the parties.

2. The petitioner seeks quashing of the order dated

07.04.2021 passed by the learned District & Additional Sessions Judge-IV-cum-Special Judge (Rape and POCSO), Sitamarhi in connection with Trial No. 60 of 2025 arising out of Pupri P.S. Case No. 269 of 2017, whereby cognizance has been taken against him under Sections 366A, 372/511, 376(g), 323 and 34 of the Indian Penal Code and Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012.

3. The learned counsel for the petitioner submits that the order impugned in the present application has been passed without even referring to any of the evidence which has come during the course of investigation and in a very mechanical manner, the cognizance has been taken against the petitioner. It has been submitted that the petitioner also preferred an application under Section 228 Cr.P.C., stating therein that primarily no case under the POCSO Act as well as Sections 366A, 372/511, 376(g), 323 and 34 of the I.P.C. is made out against him. It has further been submitted that without there being any evidence against the petitioner, cognizance has been taken against him and also the application under Section 228 Cr.P.C. has been rejected.

4. In view of the aforesaid submissions, let notices be issued to opposite party No. 2 by registered post/speed post with A/D as well as by ordinary process, on steps being taken by the petitioner for filing requisites etc., within a period of one week from today, failing which the application shall stand dismissed without further reference to the Bench.

5. In the meantime, all further proceedings in the Court below with respect to the petitioner, in connection with Trial No. 60 of 2025 arising out of Pupri P.S. Case No. 269 of

2017, shall remain stayed.

6. List this case on 18.02.2026 at 02:15 P.M. after appearance of opposite party No. 2 or on receipt of service of notice, whichever is earlier, under the appropriate heading.

(Sourendra Pandey, J)

Praveen-II/-

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