Abdul Rashid @ Nathuni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85141 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- West Champaran ====================================================== 1.

Abdul Rashid @ Nathuni, Son of Late Ainul Hasan 2.

Anjum Rashid, wife of Abdul Rashid @ Nathuni 3.

Bunty Shaikh @ Shahanawaz Rashid @ Bunty @ Rashid, Son of Abdul Rashid @ Nathuni 4.

Asif Rashid, Son of Abdul Rashid @ Nathuni 5.

Prince @ Shahbaz Rashid, Son of Abdul Rashid @ Nathuni All are resident of Village -Rakahi, Post -Rakhahi, Police Station -Shikarpur, District -West Champaran 6.

Simpal Khatoon @ Arshia Rashid @ Simple, Wife of Dr. Harish Hamid Resident of Goral, Darbhanga, Distt.- Darbhanga 7.

Rose Khatoon @ Abdul Rahmani, D/o Abdul Rashid, Resident of VillageRakahi, Post- Rakahi, P.S.- Shikarpur, Distt.- West Champaran ... ... Petitioners

Versus

1.

The State of Bihar 2.

Sajda Khatoon @ Sajda Naushad, Wife of Naushad Rashid, D/o Sheikh Gaffar, presently residing at her maternal house at Hasnapur, Post- Rakahi, P.S.- Shikarpur, Distt.- West Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Abu Nasar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2025 Heard learned counsel appearing for the petitioners.

2. During course of argument, it transpires that the petitioners, who are in-laws appeared before the trial court and filed their show cause reply on 12.12.2023. It is submitted by learned counsel appearing for petitioners that the entire allegation as per complaint is available against husband of complainant/O.P. No.2, namely, Naushad, who is not the

Patna High Court CR. MISC. No.85141 of 2024(2) dt.08-07-2025 2/2 petitioner for the present. It is also submitted that though shared house is owned by petitioner no.2 but, it is prayed through complaint that a separate house be arranged for complainant in view of provision as available under Section 19 of the Protection of Women from Domestic Violence Act, 2005. It is further submitted that allegation against the petitioners are very much general and omnibus.

3. In view of aforesaid submissions, as the petitioners appeared before the trial court and filed show cause reply, this Court restrained to pass any order, for the present.

4. However, learned trial court is directed to pass appropriate order in accordance with law in furtherance of show cause reply filed by petitioners within two months from the date of receiving of this order, considering all such aforesaid submissions as advanced by learned counsel appearing for petitioners.

5. With aforesaid observation, the present petition stands disposed of.

(Chandra Shekhar Jha, J.) Sanjeet/- U T