Rati Kant Choudhary And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41270 of 2015 Arising Out of PS. Case No.-216 Year-2014 Thana- BIRAUL District- Darbhanga ====================================================== Ushakar Chaudhary Son of Shri Rati Kant Chaudhary, Resident of VillagePokhram, P.S- Biraul, Distt- Darbhanga. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Shabnam Devi w/o Ushakar Chaudhary, Resident of Village- Pokharam, Thana- Biraul, Distt- Darbhanga.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27915 of 2016 Arising Out of PS. Case No.-332 Year-2014 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Rati Kant Choudhary and Ors son of Late Krishna Deo Choudhary 2.

Sunaina Devi wife of Rati Kant Choudhary Both resident of Pokharam, P.S.- Biraul, District- Darbhanga, presently residing at Ganesh wadi Rahiwashi Singh Kodivita Opposite Anand Prakash Building, Andheri East, J.B. Nagar, Mumbai- 400059 Maharashtra 3.

Kamla Kant Choudhary son of Late Krishna Deo Choudhary 4.

Subhash Choudhary son of Kamla Kant Choudhary 5.

Baby Devi wife of Subhash Choudhary All three are resident of VillagePokhram, Thana- Biraul, District- Darbhanga. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Shabnam Devi W/o Ushakar Chaudhary resident of Village Pokharam, Thana- Biraul, District- Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 41270 of 2015) For the Petitioner/s :

Mr.Shama Sinha For the Opposite Party/s :

Mr.Umanath Mishra APP Mr. Rohit Kumar Adv Mr. Manish Kumar no. 13, Adv Mrs. Priti Kumari, Adv (In CRIMINAL MISCELLANEOUS No. 27915 of 2016) For the Petitioner/s :

Mr.Shama Sinha Mr. Manish Kumar No. 13, Adv Mrs. Priti Kumari, Adv For the Opposite Party/s :

Mr.Sri Madhuranand JhaAdd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2023 Heard learned counsel for petitioner and learned

Patna High Court CR. MISC. No.41270 of 2015(6) dt.10-04-2023 2/2 Additional Public Prosecutor.

Principal Judge, Family Court, Darbhanga is directed to dispose of the Matrimonial Case Number 106 of 2012 at the earliest and preferably within a year.

The learned counsel for the petitioner gives the under taking that the opposite party no. 2 shall not be dispossessed from the portion of the house in which she is staying. The proceeding of Biraul P.S. Case No. 216 of 2014 shall be kept in abeyance till the disposal of the petitioners case. Thereafter, if the opposite party no. 2 has any grievance, she may pursue a criminal case.

In view of the above, this application is dismissed. Let a copy of order be communicated to the District Judge, Darbhaga through fax and e-mail forthwith. (Sandeep Kumar, J) Sunnykr/- U