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Patna High CourtCR.APP(U/S)/2/2017rejected

Sulekha Devi v. The State Of Bihar And ORS

2019-01-22Mr. Justice Aditya Kumar Trivedi1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (U/S) No.2 of 2017 Arising Out of PS. Case No.-21 Year-1993 Thana- ARARIA District- Araria ====================================================== Sulekha Devi daughter of late Bhular Sah, wife of Sanjay Kumar Gupta, R/O Village, Simraha Bazar, PS-Simraha, Distt-Araria. ... ... Appellant/s

Versus

1. The State Of Bihar

2. Sanjay Kumar Gupta, son of late Sitaram Gupta,

3. Kaushalya Devi wife of late Sitaram Gupta,

4. Vijay Kumar Gupta, son of Sitaram Gupta,

5. Nauratan Prasad Gupta, son of late Sitaram Gupta,

6. Ajay Kumar Gupta, son of late Sitaram Gupta, all R/O Village, Simraha Bazar, PS-Simraha, Distt-Araria. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sunil Kumar, Adv For the Respondent/s :

Mrs.Abha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-01-2019 Heard learned counsel for the appellant as well as learned APP.

Certified copy of the complaint petition along with evidence of the witnesses have been produced on behalf of learned counsel for the appellant. After going through the same, it is evident that there happens to be disclosure with regard to Kumari Kiran to be the wife of Sanjay Kumar Gupta. Appellant had not disclosed either in the complaint petition or during course of evidence that she happens to be his first wife. That being so, her status became volatile and as such, instant memo of appeal is found devoid of merit and is, accordingly, rejected.

(Aditya Kumar Trivedi, J) perwez U T