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Patna High CourtCR. MISC./40137/2014allowed

Saroj Devi And ORS v. State Of Bihar And ANR

2017-11-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40137 of 2014 Arising Out of PS.Case No. -31 Year- 2014 Thana -BASANTPUR District- SIWAN ======================================================

1. Saroj Devi (Nanad) Wife of Upendra Gupta R/o Near Railway Station, P.O. + P.s. District Gopalganj

2. Geeta Devi (Nanad) Wife of Shambhu Gupta R/o Shankar Bhandar 40 A Netajee Subhash Road, Habada 01

3. Meena Devi (Nanad) Wife of Raj Kumar Gupta @ Raj Kumar Sah R/oVillage Sareya (Sher), P.S. Sidhwalia, District Gopalganj

4. Anil Kumar (Dewar) Son of Umashankar Sah

5. Bhola Prasad (Dewar) Son of Umashankar Sah

6. Om Prakash Gupta (Bhaisur) Son of Umashankar Sah All 4 to 6 are resident of Village Lakhanaura, Madurpur Bazar P.O. Madurpur, P.S. Basantpur, District Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi Wife of Sunil Kumar, D/o Om Prakash Prasad R/o Villae Lakhanaura, Madurpur Bazar, P.O. madurpur, P.S. Basatnpur, District Siwan, at present resident of Mohalla Guljar Bazar Station Road, Siwan, P.S. Siwan, Town District Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Pankaj Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-11-2017 Heard learned counsel for the petitioners and the counsel appearing on behalf of the opposite party. Mr. Pankaj Kumar Singh appearing on behalf of the opposite party has fairly submitted that during the pendency of this case with the intervention of the relatives, well-wishers and friends, the opposite party has started residing with her husband and normal conjugal life has been restored.

Patna High Court Cr.Misc. No.40137 of 2014 (7) dt.03-11-2017 2/2 In view of the aforesaid, the criminal case against the present petitioners is uncalled for and accordingly the application of the petitioners who are other than the husband is allowed. The entire proceedings arising out of Basantpur P.S. Case 31 of 2014 so far as these petitioners are concerned, are hereby quashed.

The application is accordingly allowed.

(Anil Kumar Upadhyay, J) Ravi/- U T