HAKIM MAHIUDDIN CHISTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) Initially notice was issued at the stage of admission to opposite party no. 2 and was validly served. However, nobody has entered appearance on her behalf. Subsequently, when the matter was admitted for hearing again there was a direction to issue notice both under registered cover with A.D. as well as ordinary process by order dtd. 9/12/2014. It appears that notices were issued in December, 2014 itself to the opposite party no. 2 in the hearing matter but the service report of notice issued under ordinary process was returned with a note that ' the opposite party no. 2 had gone outside for treatment of her husband'. However, neither A.D. nor undelivered cover has been received.

(3.) In view of the aforesaid position, when initially the service was effected personally on opposite party no. 2 and thereafter it is not that she has changed her residence and further that registered cover with A.D. has not been returned, it can be presumed in law that notice has been served. Accordingly, the Court has proceeded to hear the matter.