Md Faisal Imam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33855 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== MD FAISAL IMAM Son of Md. Muzaffar Imam Resident of Village - Mahuli Nankar, P.O.- Bandhauli, P.S. - Jale Darbhanga, Distt. - Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Zeenat Fatima, W/o Syed Faisal Imam Resident of Village - Ujjain Tola, Ward No. 34, P.S. - Bettiah Town, Distt. - West Champaran at Bettiah. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Shri Pushkar Narain Shahi, Sr. Advocate Shri Sarva Deo Singh, Advocate For the State :
Shri Chandra Bhushan Prasad, A.P.P.
For the Informant :
Shri Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2023
1. Heard learned Senior Counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. Learned Senior Counsel for the petitioner, after some arguments, seeks permission to withdraw this application with liberty to raise all the issues at the time of framing of charge as it has been submitted by the learned Senior Counsel for the petitioner that the present FIR came to be instituted after the petitioner had obtained divorce in accordance with the Mohammedan Law and thereafter he had also filed an application before the Principal Judge, Family Court, Darbhanga for seeking confirmation of the divorce. It is further
Patna High Court CR. MISC. No.33855 of 2022(2) dt.06-09-2023 2/2 submitted that the notice which was sent to the informant seeking divorce in terms of the Mohammedan Law was received by her but then she did not act upon it. It is next submitted that in the FIR which was instituted subsequent to the divorce granted by the Emarat - E - Sharia, Madarsa Islamia, the said fact was not made part of the allegation in the FIR rather the same was concealed.
3. Permission is accorded.
4. Accordingly, this application is dismissed as withdrawn.
5. The Court expects that when application seeking discharge is filed before the learned trial court, the learned trial court shall apply its independent judicial mind. (Satyavrat Verma, J) Kundan/- U T