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2017 Supreme(Online)(Pat) 15

PATNA HIGH COURT - PRINCIPAL BENCH PATNA
Reference From District and Sessions Judge, Siwan – Appellant
Versus
Suo- Motu – Respondent


Advocates:
['', '', 'ANJANI KUMAR AAG-', 'UMASHANKAR PRASAD SINGH APP']

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Reference No. 1 of 2014 =========================================

Reference from District & Sessions Judge, Siwan .... .... Petitioner/s Versus Suo- Motu .... .... Respondent/s =========================================

Appearance :

For the Petitioner/s :

For the Respondent-State : Mr. Anjani Kumar, AAG-2 ========================================= CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 11-01-2017 This reference, under Section 395 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code=), has been made by learned District and Sessions Judge, Siwan, through letter No. 678, dated 16.08.2012, addressed to the Registrar General of this Court. The reference has arisen out of Cr. Revision No. 113 of 2012, pending in the Court of learned District and Sessions Judge, Siwan, in which an order of learned Judicial Magistrate, dismissing a complaint petition, under Section 203 of the Code, was under challenge.

2. Following is the question of law, which has been referred by the learned Sessions Judge, Siwan, for decision of this Court:-

(i) Whether mental agony of an estranged wife oust

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