Dismissed

Pankaj Kumar and Ors. v. the State of Bihar and Anr.

Patna HC10 Sept 2012CR. MISC./8897/2011

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court observed that the trial court had no error in taking cognizance. However, noting the wife's willingness to cohabit and the husband's refusal, the court allowed the petitioners to withdraw the application, dismissing it accordingly as withdrawn without deciding the case on merits.

What did the court decide?

Permission accords to withdraw the application; application dismissed as withdrawn.

Pankaj Kumar and Ors. Vs the State of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2012)

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Patna High Court Cr.Misc. No.8897 of 2011 (4) dt.10-09-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8897 of 2011

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======================================================

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Pankaj Kumar, son of Prem Kushbaha

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Prem Kumar Kushbaha, son of late Mahabir Prasad Kushbaha

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Kumari Nisha

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Ruchi @ Rubi, both daughters of Prem Kumar Kushbaha

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Kanta, wife Prem Kumar Kushbaha, all resident of Old Labour Colony House No.26/10 and 26/5 P.O. New Kamalnath Bihar, P.S. Kutusher, District- Saharanpur, 247001 (U.P.)

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Rajdeo Singh, son of late Ram Lakhan Mahto

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Urmila Devi, wife of Sri Rajdeo Singh, both resident of Mohalla New Tola, I.T. Officer, North Raghunath Prasad Sah, Renter, P.S. Kaji Mohammadpur, District Muzaffarpur, permanent address Village Gahia, P.S. Dighara Patepur, P.S. Pusha, District- Samastipur. .... .... Petitioner/s

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Versus

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The State Of Bihar

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Savita @ Sarita Sinha, wife of Pankaj Kumar, D/O Dr. Laliteshwar Sinha, resident of Mohalla Chhota Chowk, Kamlabagh, Road, Near Excise Godown P.S. Hazi Mohammadpur, District- Muzaffapur. .... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Dharmendra Kumar Paswan,

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Mr. Nikunj Shekhar, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh –I, A.P.P. Mr. Devendra Kumar @ Singh, Advocate (For Opposite party no.2)

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====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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4 10-09-2012 Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the opposite party no.2.

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This Court vide order dated 2.1.6.2012 has issued notices to opposite party no.2 on the submission of the petitioners that husband, petitioner no.1, of the prosecutrix is ready to keep his wife.

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The case was taken up on 30.8.2012 when opposite

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Patna High Court Cr.Misc. No.8897 of 2011 (4) dt.10-09-2012

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party no.2 was physically present in court but the husband was not present. But on the aforesaid date wife has shown her willingness to go along with her husband. This Court directed the husband to remain physically present today i.e. 10.9.2012.

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Today petitioner and opposite party no.2 are physically present in Court. When this Court has asked the wife as to whether she is ready to go along with husband, she replied in affirmative. The husband on being asked has flatly refused to keep his wife making statement that his wife, after lodging the present complaint case has also filed a case of kidnapping against him and in that case he was arrested and was kept in jail. In that circumstance, he is not ready to keep his wife.

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Counsel for the husband has also filed an application dated 15.1.2012 by opposite no.2 which is not part of this petition before the Family Court where she has specifically stated that she was/is not in a position to live with her husband and she wanted a separation from her husband.

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This Court is not deciding the case on merit as it

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Patna High Court Cr.Misc. No.8897 of 2011 (4) dt.10-09-2012

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Vinay/-

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is apparent from record that the court below has not committed an error in taking cognizance but the petitioners want to withdraw this application.

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Permission is accorded. Accordingly this application is dismissed as withdrawn.

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(Shivaji Pandey, J)

Pankaj Kumar and Ors. v. the State of Bihar and Anr.

Case brief

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Pankaj Kumar and Ors. v. the State of Bihar and Anr.

Case brief

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