Patna High Court – Orders
Anushree Srivastava vs The State Of Bihar on 7 January, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45169 of 2024
Arising Out of PS. Case No.-5992 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
ANUSHREE SRIVASTAVA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 50723 of 2024
Arising Out of PS. Case No.-5584 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Anushree Srivastava
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 50896 of 2024
Arising Out of PS. Case No.-8080 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
ANUSHREE SRIVASTAVA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 45169 of 2024)
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
Ms. Tooba Hera, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
For the O.P. No. 2 : Mr. Rajiv Kumar Verma, Sr. Advocate
(In CRIMINAL MISCELLANEOUS No. 50723 of 2024)
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 50896 of 2024)
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
Patna High Court CR. MISC. No.45169 of 2024(5) dt.07-01-2025
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 07-01-2025
Heard Ms. Tooba Hera, learned counsel for the
petitioner in all the three cases and Mr. Rajiv Kumar Verma,
learned Senior counsel appearing on behalf of the opposite party
no. 2.
2. The petitioner is the wife of Mr. Rohit Prakash and
the three cases have been lodged against her as also her father
by the mother-in-law, Sushma Sinha, father-in-law, Dr. Om
Prakash as also the husband, Rohit Prakash.
3. The marriage is of the year 2020 and the couple has
been blessed with a child who came in this world in the year
2021.
4. A perusal of the records clearly show that the
parties have tried to wash dirty linens in public and in that
background, the petitioner too has lodged cases against the
opposite parties before the appropriate Courts in Gaziabad
(Uttar Pradesh) and the details are as follows:-
(i) Case No. 1298 of 2022 under Section 12 of the
Domestic Violence Act;
(ii) Case No. 356 of 2022 before the learned Principal
Judge, Family Court, Ghaziabad under Section 125 of the
Cr.P.C. for claiming Maintenance for her and also for her
Patna High Court CR. MISC. No.45169 of 2024(5) dt.07-01-2025
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(iii) Mahila P.S. Case No. 118 of 2022 under Sections
498A, 323, 504, 506 and 406 of the Indian Penal Code and
Under Sections 3 and 4 of the Dowry Prohibition Act.
5. Pursuant to the last order passed by the Coordinate
Bench on 02.12.2024, the lady, Anushree Srivastava is present
in the Court and she showed her inclination to stay with the
husband for the sake of her child.
6. Mr. Rajiv Kumar Verma, learned Senior counsel on
the other hand submits that the marriage has broken beyond
repairs and after consulting the parties/family members, he do
not see any light at the end of the tunnel.
7. This Court cannot force either the couple to stay
together and/or to move to different paths, it can only make an
observation that if reserving her civil rights whether it is
restitution of conjugal rights or maintenance for her as also her
child, both the parties can ponder over the matter whether they
can withdraw the criminal cases against each other, the same
shall be appreciable.
8. In that background, both the parties wanted time to
inform the Court on the next date of hearing and have assured
that both Mr. Rohit Prakash as also Mrs. Anushree Srivastava
Patna High Court CR. MISC. No.45169 of 2024(5) dt.07-01-2025
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shall remain present on the next date of hearing.
9. It has been informed by Ms. Tooba Hera, learned
counsel for the petitioner not disputed by the learned Senior
counsel for the opposite party that the petitioner was granted
maintenance of Rs. 10,000/- as an interim measure which the
opposite party no. 2 in Cr. Misc. No. 50896 of 2024 has
defaulted repeatedly.
10. On query, the learned Senior counsel appearing
for the opposite party submits that before the next date of
hearing, the entire arrears up to January, 2025 shall be released
in favour of the petitioner and deposited in her account.
11. Accepting the said version, list these cases on
07.02.2025 at 02:15 PM as a ‘Tied Up’ matter when both Mrs.
Anushree Srivastava and Mr. Rohit Prakash shall remain present
before this Court.
(Rajiv Roy, J)
Adnan/-
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