Sujata Devi @ Rimpi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25559 of 2016 ====================================================== Sujata Devi @ Rimpi & Anr .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Govind Mishra For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-07-2016 Heard learned counsel for the Petitioner and the State.

This application has been filed for modification of the order dated 23.2.2016 passed by this Court in Cr. Misc. 39328 of 2011.

It appears that due to inadvertence in the order dated 23.2.2016 passed in Cr. Misc. 39328 of 2011, it was directed that the Divorce Case No. 135 of 2009 pending before the Principal Judge, Family Court, Bhojpur at Ara, be set aside whereas the earlier order was that the Parties will file an application under Section 13B of the Hindu Marriage Act in the same Divorce Case.

In view of such, the order dated 23.2.2016 passed by this Court in Cr. Misc. 39328 of 2011 is modified to the extent that Proceeding of Divorce Case No. 135 of 2009 shall not stand

Patna High Court Cr.Misc. No.25559 of 2016 (2) dt.13-07-2016 2/2 quashed.

It has further been submitted that Complaint Case No. 2126(C) of 2010 pending before the Sub Divisional Judicial Magistrate, Bhojpur at Ara, is not between the same Party and hence, the order dated 23.2.2016 passed by this Court in Cr. Misc. 39328 of 2011 is also modified to the extent that Proceeding of Complaint Case No. 2126(C) of 2010 pending before the Sub Divisional Judicial Magistrate, Bhojpur at Ara, shall not stand quashed.

The application stands allowed.

(Anjana Prakash, J) S.Ali/- U T