Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36036 of 2011 ====================================================== Pancham Kumar, Son of Baij Nath Sah. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 3 17-01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon /xerox copy of the case diary up to paragraph – 66 dated 12/10/2011. The petitioner apprehending his arrest in connection with Piro P.S. Case No. 131 of 2011 for the offence punishable under [STATUTE] , pending in the Court of Chief Judicial Magistrate, Bhojpur at Ara. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application since petitioner’s date of birth is 10th February, 1996 as recorded in the certificate issued by Bihar School Examination Board, Patna on 25th May, 2011 with a liberty to surrender before the court below and seek his remedy under juvenile justice, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application stands disposed of as withdrawn. Patna High Court Cr.Misc. No.36036 of 2011 (3) dt.17-01-2012 2/2 In the meantime, no coercive step shall be taken against the petitioner. Praveen/- (Akhilesh Chandra, J)

Applicable IPC Section: 353

Statute Text:
Section 353 of the Indian Penal Code. Assault or use of criminal force to deter a public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.