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Patna High CourtSLA/13/2023allowed

Shahina Begum v. The State Of Bihar

2024-09-18Mr. Justice Arvind Singh Chandel2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

SPECIAL LEAVE APPLICATION No.13 of 2023 Arising Out of PS. Case No.-936 Year-2015 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Shahina Begum Wife of Farzand Ali, D/o Sheikh Ahmed Miyan Resident of village - Rasulpur, P.S. - Sasaram (Muffasil), Distt. - Rohtas at Sasaram ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Farzand Ali Son of Asgar Ali Resident of village - Mahmoodganj, P.S. - Durgawati, Distt. - Kaimur (Bhabhua) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. D.K. Sinha, Sr. Adv Mr. Babu Nandan Prasad, Adv For the Respondent/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 18-09-2024 Heard.

2. The application filed under Section 378 (4) of the Cr.P.C. for grant of leave to appeal which has been filed by appellant (complainant) against the order of acquittal dated 01.04.2023 passed by learned SDJM, Sasaram, Rohtas in Complaint Case No. 936 of 2015 whereby and whereunder learned SDJM acquitted the O.P. No. 2 for the offences punishable under Section 498(A) of the I.P.C.

3. Perused the impugned judgment passed by learned SDJM and also perused the statement of witnesses of the complainant which were recorded before the learned court below. On the consideration, leave is granted.

Patna High Court SLA No.13 of 2023(2) dt.18-09-2024 2/2

4. Appellant-petitioner is granted to file a separate appeal accordingly.

5. Copy of the impugned judgment as well as the documents annexed with this petition be annexed with the Criminal Appeal which will be filed by the petitioner. (Arvind Singh Chandel , J) kiran/- U