Abdul Malik v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18354 of 2014 Arising Out of PS.Case No. -362 Year- 2011 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Abdul Malik S/o Md. Rustam Ali resident of village- Subhangkarpur, P.O.+ P.S.- Birpur, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Umar Farook Son of Late Gul Mohammad resident of villageBalbadharpur, P.S.- Birpur, District- Supaul.

3. Jajan Aara Wife of Md. Nasim Akhtar C/o Shahjahan resident of villageBogla Dangi, Ward No.-11, P.O.- Pararia, Via Madanpur, Panchayat- Khora Gachh, P.S.- Sikadhi, District- Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-11-2017 It has been submitted that both parties have now performed marriage and living separately.

Learned counsel for opposite party no. 2 has appeared and submitted that the petitioner is not appearing in the court below even after issuance of N.B.W. He has further submitted that there was order passed by this Court dated 18.03.2016 to deposit Rs. 750/- per month by the petitioner in the court below, but the same has not been complied by the petitioner. Learned counsel for opposite party no. 3 has submitted that she has performed second marriage and living with her husband.

Patna High Court Cr.Misc. No.18354 of 2014 (9) dt.15-11-2017 2/2 In such circumstances, this criminal miscellaneous is disposed of with direction to both parties to appear in the court below and file necessary petition stating the fact that both have performed marriage and living separately. In such circumstances, the court below shall pass appropriate order in accordance with law after hearing both the parties.

(Sanjay Priya, J.) Rakhi U T