Md. Shamsher Alam v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.19354 of 2015 (5) dt.07-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19354 of 2015 Arising Out of PS.Case No. -388 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Shamsher Alam Son of Jahur Miyan Resident of Village- Pathraha, P.s Narpaganj,(Ghurna), District Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Nazra khatoon wife of Md. shamsher Alam, Daughter of Kasim Miyan Resident ofVillage- Ghuski, P.s -Divanganj, District- Sunsarai,(Nepal) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-09-2016 Learned counsel for the petitioner submits that one case is pending before the court below with regard to maintenance. It has been pointed out by learned counsel for opposite party no.2 that petitioner has preferred to remain absent from court below till date. He has not taken any step there and the case has been placed for hearing ex-parte. Plea that has been taken by the petitioner for placing the case after disposal is not sustainable in view of the fact that he is knowing that case is pending before the court below but purposely he is keeping himself away from the court. It is completely a very serious matter to avoid the court of law. In such situation, this Court directs that petitioner must

pay Rs.2,000/- per month to opposite party no.2. On failure the interim relief granted by this Court on 16.12.2015 will be treated to have been vacated and police will take action in accordance with law.

With the aforesaid observation this application is disposed of.

(Shivaji Pandey, J) Vinay/- U T