Babita Devi & Anr. vs The State Of Bihar on 17 October, 2011

                       IN THE HIGH COUR T OF JUDICATURE AT PATNA
                                     Cr.Misc. No.7443 of 2011
                                        Babita Devi & Anr.
                                              Versus
                                        The State Of Bihar
                                             -----------

5 17.10.2011 It has been submitted on behalf of the petitioners that the

dispute happens to be amongst Sautan. The informant happens to be

elder while petitioner, Babita Devi happens to be younger. It has further

been disclose that the informant is now dead. As per fardbeyan itself,

Babli Kumari is her daughter who is cared by petitioners themselves. So

submitted that Babli Kumari be allowed to substitute the informant, so

that the flavor of congenial and harmonious atmosphere should be

allowed to prevail.

Because of the fact that the learned counsel for the

petitioner has himself disclosed restoration of good feeling amongst the

parties, also compelled the learned Additional P.P. to suggest that the

learned lower court be accordingly directed.

Thus, the learned lower court is directed to see whether the

informant is dead or not and if so, will also see whether substitution is

permissible or not. In the background of aforesaid theme, the learned

lower court will disposed of the matter taking into account the conduct

of Babli Kumari who may either examine herself on behalf of

prosecution or on behalf of defence.

With the aforesaid observation instant petition is disposed

of.

    PN                                            (Aditya Kumar Trivedi, J.)