IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42651 of 2007 VINOD MISHRA @ VINOD KUMAR MISHRA …petitioner Versus 1. STATE OF BIHAR 2. Smt. Ramawati Devi, wife of Sri Vinod Mishra …opposite parties. ----------- 03. 20.08.2010 Heard counsel for the parties. Petitioner has questioned sustainability of the order dated 16.08.1995, passed by learned SDJM, East Muzaffarpur in Complaint Case No.369/95. Learned counsel for the petitioner submits that subsequently thereto another complaint was filed by the same complainant being Complaint Case No.1204/04. Learned counsel draws attention of the Court to different averments made in two complaints in order to show that the date of marriage is at variance. In the first complaint, it is alleged that the marriage was solemnized on 04.05.1992, whereas in the second complainant(Complaint Case No.1204/04) it has been alleged that the marriage with the petitioner was solemnized on 12.05.1999. Learned counsel for o.p.no.2 submits that first complainant is not traceable. The court has proceeded on the second complaint. From the impugned order, it appears that present order has been passed in Complaint Case No.369/95. Learned counsel further contends that o.p.no.2 has already filed 2 a maintenance case being Maintenance Case No.38/2004 in the court of learned Principal Judge, Family Court, Muzaffarpur where the petitioner has not appeared despite service of notice. Learned counsel for the petitioner submits that petitioner shall appear in the said proceeding pending before the learned Principal Judge, Family Court, Muzaffarpur within six weeks from today. In view the facts noticed hereinabove, this Court is of the view that the present order dated 16.08.1995, passed in Complaint Case No.369/95 needs interference. Accordingly, the application is allowed and the impugned order is quashed and set side. It is made clear that the present order has been passed in respect of Complaint Case No.369/95 (Annexure-1). If there is any other complaint filed by o.p.no.2, the court below will deal with the same in accordance with law. hr ( Kishore K. Mandal )