Mahtab Alam @ Md. Mahtab Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7485 of 2016 Arising Out of PS.Case No. -160 Year- 2011 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Mahtab Alam @ Md. Mahtab Alam son of Md. Ekbal Ansari, Resident of village- Khutahan, P.S.- Haspura, District- Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rehana Khatoon daughter of Md. Shamiula Ansari, Resident of villageNartan, P.S.- Haspura, District- Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Nath Verma For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner is aggrieved by an order dated 12.08.2011 passed by S.D.J.M., Daudnagar, Aurangabad in complaint case no.160/2011 whereby and whereunder he has been summoned to face trial for an offence punishable under Section 498A, 494 of the IPC.

It has been submitted at the end of the learned counsel for the petitioner that he is ready to keep his wife with full honour and dignity whereupon, the order impugned is fit to be set aside. It has further been submitted that a petition for restoration of conjugal right has been filed by the petitioner at Family Court, Bandra, Mumbai and so, the intention of the petitioner is found very much exposed. It is the O.P. No.2 petitioner's wife who is neglecting him.

The learned Additional Public Prosecutor opposed

Patna High Court Cr.Misc. No.7485 of 2016 (2) dt.02-11-2018 the prayer.

On that very pretext the order impugned could not be quashed moreover is found substantiated by the witnesses and accordingly this petition sans merit and is accordingly rejected.

However, it is made clear that if there happens to be such prayer at the end of the petitioner before the learned lower court, then in that circumstance, the learned lower court will delve upon the issue and if the parties are consenting one, then in that circumstance, will pass appropriate order in accordance with law.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T