Saddam Khalifa @ Saddam Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67832 of 2019 Arising Out of PS. Case No.-1796 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== SADDAM KHALIFA @ SADDAM MIYA, Son of Islam Khalifa, Resident of Village- Sugauli Kurum Tola, P.S.- Sugauli, District- East Champaran. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Shahnaj Khatoon, Daughter of Late Marhum Sajjad Sah, Resident of Village- Mehsaul, Ward No. 9, P.S.- Sitamarhi, District- Sitamarhi. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate For the State :

Mr. Rajendra Prasad Nat Mr. Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-12-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 1796 of 2017 registered for the offence punishable under Sections 498(A)/34 of the Indian Penal Code. The materials available on record suggest that the petitioner apart from torturing the opposite party no.2 has also remarried and despite best efforts by this Court the matter could not be settled.

Considering the aforesaid facts, this anticipatory bail application filed on behalf of the petitioner is dismissed. Learned counsel for the opposite party no.2 informs this Court that a Maintenance Case No.151 of 2021 has

Patna High Court CR. MISC. No.67832 of 2019(6) dt.22-12-2021 2/2 been filed by opposite party no.2 in the Court of learned Principal Judge, Family Court, Sitamarhi.

In such view of the matter, the Principal Judge, Family Court, Sitamarhi, is directed to dispose of the Maintenance Case No. 151 of 2021 within a period of three months from today.

The Principal Judge, Family Court, Sitamarhi, shall not wait for notice to be served upon the petitioner as now the petitioner's advocate has knowledge about the filing of the case in the Family Court, Sitamarhi.

If the petitioner does not appear before the Family Court, Sitamarhi on or before 05.01.2022 then the Principal Judge, Family Court, Sitamarhi, will proceed in the matter in accordance with law. While deciding the maintenance case, the Principal Judge, Family Court, Sitamarhi, will follow the law laid down by the Hon'ble Supreme Court in the case of Rajnesh v. Neha, reported in (2021) 2 SCC 324.

(Sandeep Kumar, J) pawan/- U T