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Binod Sah vs State Of Bihar & Anr on 20 September, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51658 of 2018
Arising Out of PS.Case No. -1391 Year- 2014 Thana -COM PLAINT CASE District- SUPAUL

Binod Sah, S/o Yugeshwar Sah, resident of Village- Parsa Madho, P.S. Kishanpur,
District Supaul.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Nirsi Devi W/o Binod Sah resident of Village- Parsa Madho, P.S. Kishanpur,
District Supaul at present D/o Bhola Sah resident of Village- Moha Tikuliya, P.S.
Karerbana, District- Saptri (Nepal).

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT
Date: 20-09-2018

Learned counsel for the petitioner and learned A.P.P. for the

State have assisted the Court.

2. The petitioner apprehends arrest in connection with

Complaint Case No.1391 C of 2014 dated 09.12.2014, registered

under Sections 498A, 120B, 323 of the Indian Penal Code.

3. The allegation against the petitioner, who is husband of the

complainant (opposite party no. 2), is of torture and demand of dowry.

4. Learned counsel for the petitioner submitted that the opposite

party no.2 never used to live with him and when he objected to the

same, she has filed a totally false complaint case. It was further
Patna High Court Cr.M isc. No.51658 of 2018 dt.20-09-2018

2/2

submitted that the Mukhiya of Gram Panchayat Laukhi, District

Madhubani has certified that opposite party no.2 has married another

person, namely, Om Sah on 12.03.2018.

5. Issue notice to opposite party no.2 under registered cover

with A.D. as well as ordinary process for which requisites etc. be filed

within one week from today.

6. The matter be listed upon service of notice or appearance of

opposite party no.2, whichever is earlier, among the top five cases .

7. In the meantime, no coercive steps be taken against the

petitioner in connection with Complaint Case No.1391 C of 2014

pending in the Court below at Supaul.

(Ahsanuddin Amanullah, J)

Sanjeev/-

AFR/NAFR
CAV DATE
Uploading Date 20.09.18
Transmission 20.09.18
Date

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