Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26891 of 2010 ===================================================== = 1.Manisha Rani , wife of late Ritesh Kumar, 2. Shanta Neelima Das, wife of Michael Das. 3. Sudeep Kumar Das. 4. Manish Kumar Das, both sons of Michael Das. 5. Michael Das, son of late Mangan Das, all residents of Mission Compound, Saharsa, ward No. 17/21, Police Station- Saharsa, Distrcit- Saharsa. .... .... Petitioners Versus 1. The State of Bihar. 2. Paulin Hnery, wife of Mr. Dickson alias Dickson Singh, resident dof Mission Compound, Saharsa,. Ward No. 17/21, Police Station- Saharsa,. District- Saharsa. .... .... Opposite Parties. ===================================================== = Appearance : For the Petitioner/s : Mr. Ashutosh Ram For the Opposite Party/s : Mr. Sharda Nand Mishra Mr. Dhananjay Kumar Gupta ===================================================== = CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 12-03-2012 Heard learned counsel for the petitioners as well as learned Additional A.P.P.Opposite Party No.2 has also appeared. Petitioner has challenged the order dated 21.5.2010 passed by S.D.J.M., Saharsa in Complaint Case No. 713 of 2006. The aforesaid Complaint Petition was virtually a Protest petition which was filed by the Opposite Party No.2 during course of investigation of Saharsa Police Station Case No.14 of 2004, G.R. No. 45/2006 wherein final report was submitted, summoning the petitioner to face trial for an offence under [STATUTE] . Petitioners initially have challenged the order on factual aspects which, for the present appears to be prematured. On this score, the learned counsel for the petitioners seeks withdrawal of the instant petition with a liberty to have an opportunity to raise those pleas at the appropriate stage of the trail before the learned lower Court. Patna High Court Cr.Misc. No.26891 of 2010 (2) dt.12-02-2012 2 Accordingly, the instant petition is dismissed as having withdrawn with the privilege aforesaid. Sudha/- (Aditya Kumar Trivedi, J)

Applicable IPC Section: 328

Statute Text:
Section 328 of the Indian Penal Code. Administering stupefying drug with intent to cause hurt, etc. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.