IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14255 of 2009
MUJIBUL HAQUE, Son of Md. Harun, Resident of Village Jagmalwa, P.S. Thawe, District
Gopalganj.
........Petitioner
Versus
1.
THE STATE OF BIHAR
2.ISHRAT JAHAN, Wife of Mojibul Haque, Resident of Village Jagmalwa, P.S. Thawe, District
Gopalganj, Presently resides in village Mirallipur, P.S. Thawe, District Gopalganj, Now, Wife of
Bhikar Mian, Son of Taslim Mian, Village Dharamparsa, P.S. Manjha, District Gopalganj.
……..Opposite Parties
02/- 12-10-2010 Heard learned counsel for the petitioner and
Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to insert
the name of husband and present address of complainant-
informant during course of the day.
This is an application under Section 482 of the Code
of Criminal Procedure seeking quashing of order dated 07-11-
2003 passed by Chief Judicial Magistrate, Gopalganj in
connection with Manjhagarh P.S. Case No. 237 of 2001 for the
offences under Sections 498(A), 406, 307 and 323 of the Indian
Penal Code and Section 4 of the Dowry Prohibition Act.
It is submitted by learned counsel for the petitioner
that after cognizance taken in the case the same has been
committed to the Court of Session, matter is pending there bearing
Sessions Trial No. 318 of 2006.
It is further pointed out that the petitioner being
original husband of the complainant-informant was made accused
2
in this case, but the parties have already settled their dispute
amicably. In pursuance thereof the complainant-informant has
already performed the second marriage and is blessed with
children from him. On basis of compromise, petitioner was
granted privilege of bail by the Court, who during pendency of
bail application got examined complainant-informant on such
issue.
In view of the facts and circumstances stated above,
petitioner is granted liberty to agitate all his points before the trial
court at appropriate stage preferably at the time of hearing on the
point of charge, if trial is yet to be commenced. Simultaneously,
petitioner is further granted liberty to request the trial court to
expedite hearing, if trial has commenced and ensure appearance of
complainant-informant as witness, so that truth may come into
light and appropriate order may be passed at the earliest. After
exhausting due processes securing appearance of complainant-
informant, the trial court may also pass appropriate order in
accordance with law.
With the above liberty this application stands disposed
of at the admission stage itself.
(Akhilesh Chandra, J.)
Praveen