Mahboob Alam & Ors vs The State Of Bihar & Anr on 7 September, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36015 of 2011
Arising Out of PS.Case No. -0 Year- null Thana -null District- KATIHAR

Mahboob Alam Ors
…. …. Petitioner/s
Versus
The State of Bihar Anr
…. …. Opposite Party/s
WITH

Criminal Miscellaneous No. 16496 of 2012
Arising Out of PS.Case No. -0 Year- null Thana -null District- KATIHAR

1. Md. Satabuddin S/O Mahboob Alam R/O Village- Basantpur, P.S.- Amdabad,
District- Katihar

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. Noor Jahan W/O Satabuddin, D/O Md. Nurul Haque R/O Village- Basantpur,
P.S.- Amdabad, District- Katihar, At Present Residing With Her Parents At
Village- Kishanpur, Garad Tola, P.S.- Amdabad, District- Katihar

…. …. Opposite Party/s

Appearance :

(In Cr.Misc. No.36015 of 2011)
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
(In Cr.Misc. No.16496 of 2012)
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 07-09-2017

No one appears on behalf of the petitioners, who are

accused in connection with Complaint Case No. 1894 of 2007,

wherein cognizance has been taken by the impugned order dated

05.12.2007 for the offences under Section 498A of the Indian Penal
Patna High Court Cr.Misc. No.36015 of 2011 dt.07-09-2017

P2/

Code as well as Section 4 of the Dowry Prohibition Act.

2. Learned counsel for the Opposite Party No.2 submits

that considering the nature of dispute between the parties, Opposite

Party No.2 was noticed by order dated 03.08.2012 as to why the

application be not disposed of at the admission stage itself. The

husband and other relations are deliberately not appearing because

they are not willing for settlement of the dispute. The husband has

already married with another lady and the complaint petition

apparently discloses cognizable offence in which summons were

issued.

3. After hearing the parties, I find substance in the

submission of the learned counsel for the Opposite Party No.2, hence,

both the applications stand dismissed as devoid of any merit.

(Birendra Kumar, J)

Mkr./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.09.2017
Transmission 11.09.2017
Date

Leave a Comment

Your email address will not be published. Required fields are marked *