Patna High Court - Orders
Amresh Kumar vs The State Of Bihar on 10 November, 2023
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.679 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani
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Amresh Kumar, Son of Late Ram Sagar Chaudhary, Resident of Village-
Paramhansh Nagar, P.S.- Maruadih, District- Varanashi U.P.
... ... Petitioner
Versus
1. The State of Bihar
2. Ruma, Wife of Amresh Kumar, Daughter of Bipin Kumar Eshar, Resident
of Paramhansh Nagar, P.S.- Madhuadih, District- Varanashi, U.P. at present
House No. E/21, B.S.E.B. Colony, P.S.- Shastri Nagar, District- Patna.
... ... Opposite Parties
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Appearance :
For the Petitioner : Mr. Janardan Singh, Senior Advocate
Mr. Dipak Kumar, Advocate
For the State : Mr. Syed Ashfaque Ahmad, APP
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 10-11-2023I.A. No. 01 of 2023 This application has been filed for condonation of delay of 365 days i.e. one year in filing of the present revision application.
2. Learned senior counsel for the petitioner submits that the petitioner is an employee of the Central Government posted in Railway at Varanasi and prior to passing of the impugned judgment and order dated 28.09.2022, he was suffering from Osteoarthritis so he was admitted in Banaras Locomotive Works Railway Central Hospital on 11.08.2022. A surgery was performed for Diagnostic Arthroscopy and removal of torn medial meniscus. He was discharged from hospital on 06.09.2022 and thereafter he was undergoing treatment in the Patna High Court CR. REV. No.679 of 2023(3) dt.10-11-2023 2/3 Railway Hospital till 08.06.2023. For all these reasons, he was unable to surrender and ultimately he surrendered on 11.09.2023. It is stated that the petitioner is still in judicial custody.
3. Learned senior counsel for the petitioner submits that the learned court below has convicted the petitioner without considering that the petitioner had filed a divorce case against the opposite party no. 2 on the ground of cruelty and only after service of notice of the said divorce case upon opposite party no. 2, the present complaint case was filed. Later on, the divorce case was decreed in favour of the petitioner and against opposite party no. 2 on the ground of cruelty by learned Principal Judge, Family Court, Varanashi.
4. Issue notice to the opposite party no. 2 in both limitation as well as admission matter through both by ordinary process as well as under registered cover with A/D for which requisites etc. must be filed within two weeks after holidays, failing which this application as against opposite party no. 2 shall stand dismissed without further reference to a Bench.
5. List this case after service of notice on opposite party no. 2 or on 15.01.2024 whichever is earlier.
6. In the meantime, let the petitioner be released on Patna High Court CR. REV. No.679 of 2023(3) dt.10-11-2023 3/3 bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Patna in connection with Complaint Case No. 2712(C) of 2005, subject to further order of this Court.
(Rajeev Ranjan Prasad, J) lekhi/-
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