Md. Riyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44557 of 2023 Arising Out of PS. Case No.-556 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. RIYAZ ALAM SON OF MD. FAZLUR RAHMAN RESIDENT OF VILLAGE- JADEPUR TOLA, MASSALPUR, PS- BALIA BELONE, DISTT- KATIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RIFAT KHATOON WIFE OF MD. RIYAZ ALAM RESIDENT OF VILLAGE- JADEPUR TOLA, MASSALPUR, PS- BALIA BELONE, DISTT- KATIHAR, AT PRESENT RESIDENT OF VILLAGE- SONAPUR BAISHBANDHA, PS- BALIA BELONE, DISTT- KATIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner, after some arguments, seeks permission to withdraw the present quashing application.

3. Permission is accorded.

4. However, the same would not preclude the petitioner from raising all the issues before an appropriate forum at an appropriate stage as it has been submitted by the learned counsel for the petitioner that petitioner being has been falsely implicated and he has also filed an application seeking

Patna High Court CR. MISC. No.44557 of 2023(2) dt.28-08-2023 2/2 restitution of conjugal right under Section 9 of the Hindu Marriage Act, it is next submitted that whenever any dispute arises between the husband and wife, a criminal case is instituted.

5. The Court expects that in the event if discharge application is filed on behalf of the petitioner, the Court shall apply its independent mind while considering the same. (Satyavrat Verma, J) Rishabh/- U T