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Patna High CourtCR. MISC./28192/2019disposed

Md. Murshid v. The State Of Bihar

2019-05-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28192 of 2019 In CRIMINAL MISCELLANEOUS No.77839 of 2018 Arising Out of PS. Case No.-382 Year-2017 Thana- COMPLAINT CASE District- Supaul ====================================================== MD. MURSHID Son of Md. Habib Mian Resident of Village - Pothia, P.S.- Simraha, District - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashma Khatoon Wife of Md. Murshid D/o - Md. Ibrahim, Resident of Village - Birpur, Ward No. 10, P.S.- Birpur, District - Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 This application has been filed for modification of order dated 01.03.2019 passed in Cr. Miscellaneous No. 77839 of 2018 with regard to the direction to the petitioner to go to the house of opposite party no. 2 and after taking her surrender in the court below within a period of six weeks. Submission of learned counsel for the petitioner is that he had gone to the house of opposite party no. 2 and there a Panchayati was also done but opposite party no. 2 is not ready to go with the petitioner.

Considering the fact that the order has been passed in presence of both the parties, I am not inclined to interfere with the order dated 01.03.2019 passed in Cr. Miscellaneous

Patna High Court CR. MISC. No.28192 of 2019(2) dt.01-05-2019 2/2 No. 77839 of 2018.

However, the petitioner is directed to go to the house of opposite party no. 2 and take her from there and appear before the court below and the court below shall consider direction passed in order dated 01.03.2019 passed in Cr. Miscellaneous No. 77839 of 2018.

Accordingly, this modification application is disposed of.

Let a copy of this order be communicated to the concerned court below forthwith.

(Vinod Kumar Sinha, J) sunilkumar/- U T