IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28483 of 2008 MD. YUNISH ANSARI, SON OF LATE AHMAD ALI ANSARI, RESIDENT OF VILLAGE MOHAMMAD PATI (TAKIA), P.S. KHAIRA, DISTRICT SARAN. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. MEHARUN NISHA, WIFE OF MD. YUNISH ANSARI, DAUGHTER OF PIR MOHAMMAD ANSARI, RESIDENT OF VILLAGE KOREA, P.S. KHAIRA, DISTRICT SARAN. ----- OPPOSITE PARTIES ----------- 2 21.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 21.6.2008 passed by the Principal Judge, Family Court, Chapra by which he has rejected the application of the petitioner under Section 340 of the Code of Criminal Procedure. The main argument raised on behalf of the petitioner is that his ex-wife has made several statements regarding her status as a divorced woman in different proceedings. It is submitted that she has denied that she has divorced in the case filed under Section 125 of the Code of Criminal Procedure, whereas she has accepted the Talaqnama by her husband while seeking appointment as an Anganwari Sevika. All these submissions have to be tested and considered before passing any order. They are rebuttable evidence. On the grounds aforesaid, I do not think that any grounds are made out for institution of the case under Section 340 of the Code of Criminal Procedure. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)