Arvind Kumar @ Munna v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 54128 of 2013 Arising Out of PS.Case No. -946 Year- 2010 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Arvind Yadav @ Munna S/O Late Kishundeo Yadav @ Bishundeo Yadav Resident of Bhuriya, Police Station- Gogri, District- Khagaria, At Present resident of Sheetala Asthan Road, Tilka Manjhi, Police Station- Kotwali, District- Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar

2. Ranju Devi D/O Chamak Lal Yadav Resident of Village- Thatha, Police Station- Mansi, District- Khagaria.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Rana Randhir Singh(App) Mr. Hare Krishna Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

09-11-2016 Today again, on call, none appeared on behalf of petitioner. Yesterday also, there was non-appearance on behalf of petitioner, whereas, Sri Rana Randhir Singh, learned Addl. Public Prosecutor as well as Sri Hare Krishna Prasad, learned counsel for complainant/opposite party no. 2 were present yesterday and today also.

In this case, by order dated 19-11-2014, while directing for issuance of notice to opposite party no. 2, a Bench of this Court had directed for staying further proceeding in Complaint Case No. 946C of 2010 pending in the court of learned Sub Divisional Judicial Magistrate, Khagaria. Thereafter, the

Patna High Court Cr.Misc. No.54128 of 2013 (5) dt.09-11-2016 2/2 matter was referred to the Mediation Centre for amicable settlement. By order dated 24-06-2016, while transferring the matter to the Mediation Centre, this Court had directed the petitioner to deposit Rs. 750/- (Rupees seven hundred & fifty) per month in the court below and thereafter, the complainant/wife was given liberty to withdraw the same.

It was informed by Sri Hare Krishna Prasad, learned counsel for the complainant that till date, nothing has been paid by the petitioner.

Since, repeatedly none has appeared on behalf of petitioner, the allegation made by learned counsel for complainant/opposite party no. 2 is unrebutted. In view of non-compliance of the order of this Court, the entire petition stands dismissed. Similarly, the interim order of stay dated 19-11-2014 stands vacated.

Let a copy of this order be sent to the court below forthwith (Rakesh Kumar, J.) Anay U T