During matrimonial proceedings, the petitioner failed to comply with the direction to take his wife. The court noted her subsequent remarriage and pregnancy. A supplementary affidavit was filed by the petitioner but no counter was filed by the opposite party.
The provisional anticipatory bail was made absolute and the application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14954 of 2014
Arising Out of PS.Case No. -969 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ====================================================== Ramji Sah Son Of Arjun Sah Resident Of Village - Parsanda, P.S.- Gidhaur, District - Jamui .... .... Petitioner Versus 1. The State Of Bihar 2. Soni Devi W/o Ramji Sah and D/o Jugal Sah R/o village SIyatand, P.S. Simultala, District Jamui .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Amar Prakash, Advocate For the Opposite Party No. 2 : Mr. Pramod Kumar, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10 04-11-2015 Heard learned counsel for the petitioner and the opposite party no. 2.
It appears from that the petitioner and the opposite party no. 2 had submitted that they are ready to live together and in above view of the matter the petitioner was directed to visit her and take her along with him. Matter was directed to be posted on 25.3.2015 and on that occasion both sides were required to file their respective affidavits.
Learned counsel for the opposite party no. 2 has stated that the petitioner never came to take his wife with him and, thus, has violated the direction of this Court . However, no affidavit has been filed till date on her behalf despite indulgence was granted.
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If the petitioner did not comply the order within two weeks from 24.9.2014, as was required to be done, then the wife could have immediately moved before this Court by filing affidavit regarding violation of the direction of this Court but she did not take such step.
Today a supplementary affidavit has been filed on behalf of the petitioner which was served on 28.9.2015 itself upon opposite party no. 2. A statement has been made in the affidavit that the petitioner along with his family members had approached the opposite party no. 2 on 5.10.2014 itself with an offer that she should come and live with him but she did not comply the direction of this Court. It is further stated that on 10.11.2014 she had re-married with on Kamal Sah, son of Mathura Sah resident of village Dokali, P.S. Sono, District Jamui and she is enjoying her conjugal life. It has further been stated that she is in family way also , the pregnancy being of more than seven months.
Despite such affidavit having been filed, no counter affidavit, rejoinder etc. has been filed on behalf of the opposite party no. 2. Learned counsel appearing on her behalf has simply stated that he has no instruction on this issue.
Having regards to the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner
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vide order dated 20.05.2014 is hereby made absolute.
This application, accordingly, stands disposed of.
(Dr. Ravi Ranjan, J)
Spd/-
U T
Ramji Sah
The State Of Bihar
Soni Devi
Ravi Ranjan
As recorded by the court registry
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