Kundan Kumar v. Soni Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.376 of 2014 ====================================================== Kundan Kumar son of Late Anant Lal Prasad Resident of village - Sarobag, P.S. Dharhara, District - Munger.

.... .... Appellant/s

Versus

Soni Devi wife of Kundan Kumar and daughter of Manohar Tanti Resident of village - Bari Aashikpur (Bishari Asthan), P.O. Jamalpur, P.S. East Colony, District - Munger.

.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 10-03-2016 There is no representation on behalf of the appellant.

The order under challenge is an order passed under Section 125 Cr.P.C. The appeal against such an order is not maintainable as the remedy is to file a revision as held by this Court in the case of Raj Kumar Sah Vs. The State of Bihar & Anr.: 2008(4) PLJR 817.

In view of the said facts, the appeal is dismissed as not maintainable.

It shall be open to the appellant to seek such other remedy as available in accordance with law.

(Hemant Gupta, J) (Ramesh Kumar Datta, J) U S.Pandey/-