Bittu Kumar vs The State Of Bihar Through The Director ...
2024 Latest Caselaw 205 Patna

Patna High Court

Bittu Kumar vs The State Of Bihar Through The Director ... on 9 January, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.1388 of 2023
                  Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur
     ======================================================
     Bittu Kumar, Son of Prameshwar Saw, Resident of Ward No. 8, Raja Bazar,
     Bihiyan, P.S- Bihiyan, District- Bhojpur.

                                                                           ... ... Petitioner
                                            Versus

1.   The State of Bihar through the Director General of Police, Govt. Of Bihar,
     Patna.
2.   The Director General of Police, Govt. Of Bihar, Patna.
3.   The Superintendent of Police, Bhojpur at Ara.
4.   The Station House Officer, Bihiyan Police Station, District- Bhojpur.
5.   Daya Shankar Sharma, Resident of Ward No. 7, BSNL Tower Road,
     Bihiyan, P.S- Bihiyan, District- Bhojpur.
6.   Rakhi Kumari, Wife of Bittu Kumar, Daughter of Daya Shankar Sharma, at
     present residing in Ward of Village- Ward No. 7, BSNL Tower Road,
     Bihiyan, P.S- Bihiyan, District- Bhojpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr. Bibhakar Tiwary, Advocate
     For the Respondent/s    :        Mr. P.K.Shahi, Learned A.G
                                      Mr. P.N. Sharma, AC to learned A.G
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE RAMESH CHAND
     MALVIYA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 09-01-2024

Pursuant to our previous order, Respondents No. 5

and 6 are present in the Court. We posed questions to

Respondent No.6 to the extent whether has she married with the

petitioner for which she has denied. In other words, it is a

disputed fact as to whether petitioner married with the 6 th Patna High Court CR. WJC No.1388 of 2023 dt.09-01-2024

Respondent Rakhi Kumari or not? 6th Respondent Rakhi Kumari

is a major aged about 24 years and she is residing with her

parents. Therefore, it is not a fit case for entertaining the present

petition and grant relief to the petitioner.

2. Accordingly, the present petition stands disposed

of as not maintainable. Disposal of the present petition would

not be a hurdle for the petitioner to invoke appropriate remedy

under the Hindu Marriage Act before appropriate forum.

3. Accordingly the present petition stands disposed

of.

(P. B. Bajanthri, J)

( Ramesh Chand Malviya, J)

manish/-

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