Patna High Court - Orders
Daymanti Devi vs The State Of Bihar on 17 June, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69058 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Munger
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Daymanti Devi, Wife of Shankar Mistry @ Shankar Sharma R/o Mohalla-
Chhoti Keshopur, Lane no. 2, P.O. and P.S.- Jamalpur, Dist.- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari @ Soni Devi, Wife of Rakesh Kumar Sharma, D/o Jago Saw
R/O Mohalla- Chhoti Keshopur, P.S.- Jamalpur, Dist.- Munger.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Puja Kumari, Advocate
Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 17-06-2025It is submitted by learned counsel appearing for the petitioner that her son namely, Rakesh Kumar Sharma, who is the husband of O.P. No.2 received his all shares in ancestral property through Title Partition Suit No.155 of 2013. The aforesaid partition suit was decreed in terms of compromise vide order dated 05.12.2013. It is also submitted that in view of aforesaid, the order dated 04.08.2023 as to issue Form No.19 for attachment of the property is bad in the eyes of law. It is also submitted that the petitioner was never a party of proceeding between O.P. No.2 and her husband. It is also submitted that the objection was filed by petitioner in view of Patna High Court CR. MISC. No.69058 of 2024(3) dt.17-06-2025 2/2 Section 84 of the Code of Criminal Procedure (in short 'CrPC') but, same is still pending.
2. In view of aforesaid, let a report regarding status of objection petition as preferred under Section 84 of the CrPC dated 07.08.2024 by petitioner be called for, particularly, in view of partition suit, as discussed above, from the concerned court at Munger.
3. The report, as aforesaid, be made available to this Court positively by next date of hearing.
4. Re-notify this matter on 15.07.2025, position be retained.
5. In the meantime, interim order dated 20.03.2025 qua petitioner shall remain continued.
(Chandra Shekhar Jha, J.) Sanjeet/-
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