Patna High CourtCR. MISC./42948/2013dismissed

Fateh Bahadur Thakur And ORS v. State Of Bihar And ANR

2017-05-01Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42948 of 2013 Arising Out of PS.Case No. -12 Year- 2013 Thana -BUXAR COMPLAINT CASE District- BUXAR ======================================================

1. Fateh Bahadur Thakur, S/O Late Ambika Thakur Resident of Near Raj High School, Dumraon, P.S.- Dumraon, District- Buxar.

2. Brahma Thakur, Son Of Fateh Bahadur Thakur, Resident of Near Raj High School, Dumraon, P.S.- Dumraon, District- Buxar

3. Sharda Devi W/O Fateh Bahadur Thakur Resident of Near Raj High School, Dumraon, P.S.- Dumraon, District- Buxar

4. Pramila Devi D/O Fateh Bahadur Thakur, Wife of Rajesh Singh Resident Of Near Raj High School, Dumraon, P.S.- Dumraon, DistrictBuxar. .... .... Petitioners

Versus

1. The State of Bihar

2. Seema Thakur, Wife of Mahesh Thakur, Resident of Near Raj High School, Dumraon, P.S.- Dumraon, District- Buxar. At Present D/O Ramayan Dubey, Resident Of Village- Badka Dhakaich, P.S.- Krishna Brahan, District- Buxar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Sharma Mr. Rajesh Kumar For the Opposite Party/s : Mr. Khurshid Anwar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-05-2017 Heard.

This application is filed under Section 482 of Cr.P.C. against the order dated 09.05.2013 passed in Cr. Appeal No. 23 of 2013 and 19 of 2013, whereunder the Court of Sessions Judge, Buxar dismissed the aforesaid appeals preferred by one Mahesh Thakur and the petitioners against the order dated 20.03.2013 passed in Case No. 12 (C) of 2013/Trial No. 1734 of 2013 by the Court of S.D.J.M. Buxar under the Protection of Women from

Patna High Court Cr.Misc. No.42948 of 2013 (6) dt.01-05-2017 2/2 Domestic Violence Act, 2005 directing the petitioners not to remove the O.P No.2 from her share in joint family property and also not to sale or mortgage the same to anyone and also to pay Rs. 500/- as maintenance to the complainant.

On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for interference in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this application is dismissed.

(Rajendra Kumar Mishra, J) manish/- U T