Shadab Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47036 of 2022 Arising Out of PS. Case No.-476 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== SHADAB AHMED Son of Late Bashir Ahmed Resident of 63, P.M. Basti, 3rd bye Lane, P.S- Shibpur, Dist- Howrah, West Bengal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saba Razi Wife of Meraj Ahmed, Daughter of Mohammad Raza Resident of Lal Miyan Ki Dargah, P.S- Phulwarisharif, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Kishore, Sr. Advocate Mr. Saroj Kumar, Advocate Mr. Digvijay Pratap Singh, Advocate For the State :

Mr. Md. Nazir Ansari, APP For O.P. No.2 :

Mr. Naffisozoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-01-2024

1. Heard learned counsel for the petitioner, learned APP for State along with learned counsel for the O.P. No.2.

2. The learned counsel for the petitioner submits that the petitioner is brother-in-law of the O.P. No.2. It is next submitted that whenever any dispute arises in between the husband and the wife the entire family members have implicated in a mechanical manner with general, omnibus and ornamental allegations. It is next submitted that from perusal of the FIR, it would manifest that no specific allegation has been alleged against the petitioner.

3. The learned counsel for the O.P. No.2 very fairly submits that he has instruction to make submission that O.P.

Patna High Court CR. MISC. No.47036 of 2022(4) dt.15-01-2024 2/2 No.2 shall have no objection in the event if the present application is allowed with respect to the petitioner i.e. Shadab Ahmed.

4. Considering the submissions made by the learned counsel appearing on behalf of the O.P. No.2, the order dated 05.07.2022 passed by the learned SDJM, Patna in Phulwarisharif P.S. Case No.476 of 2020 whereby application filed on behalf of the petitioner seeking discharge has been rejected is hereby quashed.

(Satyavrat Verma, J) Prakash Narayan U T