Patna High CourtCR. MISC./39176/2014dismissed

Md. Taufik v. State Of Bihar And ANR

2015-05-13Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39176 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -PUPRI District- SITAMARHI ====================================================== Md. Taufik, S/o Md. Ataur Rehman, R/o Village - Ramkhetari, P.S.- Aurai, District - Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. Nazmin Khatoon, W/o Md. Taufik, A/p D/o Md. Hassan Tauhil, R/o Village - Bachharpur, P.S. Pupri, District - Sitamarhi .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Dinesh Jha, Advocate For the S t a t e : Mr. Navin Kr. Pandey(APP) For O.P. No.2 : Mr. Ashhar Mustafa, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-05-2015 Heard learned counsel for the petitioner and the learned O.P. No.2.

By order dated 1.4.2015, this Court had directed that the matter be placed on 15th April, 2015, on which date both the petitioner and the informant shall present themselves in Chambers at 4.00 P.M. However, on 15.4.2015, learned counsel for the petitioner informed that the petitioner had been unable to present himself and as such, accommodation be given and accordingly the case was fixed for today (13.5.2015). However, today, learned counsel for the petitioner submits that his client has not come. Apparently he is avoiding this Court after obtaining an interim order in his favour.

Patna High Court Cr.Misc. No.39176 of 2014 (4) dt.13-05-2015 2/2 Learned counsel for O.P. No.2 submits that even the order dated 1.4.2015 was obtained on false premises and wrong submissions. Such submissions stand supported by the statement of O.P. No.2, who is present in Chambers today. She has narrated her version and submitted that she is unwilling to live with her husband (the petitioner) as he has entered into illegal relationship with the daughter of his own full sister, which is prohibited under the Muslim Law.

Considering the aforementioned submissions, I hereby withdraw the order dated 1.4.2015, by which this Court had directed that no coercive steps be taken against the petitioner. The said order stands recalled.

The application is, thus, dismissed.

(Anjana Mishra, J) PNM U T