2026:JHHC:14825 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.11 of 2026 .... Zeba Perween, Aged about 40 years, Daughter of Ekramul Haque, Wife of Ambar Irfan (new husband) [Ex-wife of Md. Shamim Akhtar], Resident of Line Mohalla, P.O., P.S. & Dist.-Chatra-825401, Jharkhand and presently residing at Kantatoli, P.O.-G.P.O., P.S.-Kotwali, Ranchi 834001, District-Ranchi and Ex-wife of Md. Shamim Akhtar, son of Late Md. Farid .… Appellant Versus 1. The State of Jharkhand 2. Md. Shamim Akhter, Son of Late Md. Farid, Resident of Kudakpania, Quarter No.329, Sunday Bazar, Gandhi Nagar, P.O.-Gandhi Nagar, P.S.-Bermo, District- Bokaro .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. Anwar Hussain, Adv. For the State : Mr. Vijoy Kr. Sinha, A.P.P. For the Resp. No.2 : Mr. Anurag Kashyap, Adv. .... 09/14.05.2026 1. Heard learned counsel for the appellants and learned APP as well as learned counsel for the respondent No.2. 3. The present appeal is directed against the order dated 19.02.2024 passed by the learned Addl. Sessions Judge, VI-cum-Special Judge, C.A.W., Hazaribagh in Criminal Appeal No.22 of 2023, for the offence under Sections 498(A)/34, 323 of IPC read with section 3 and 4 of the Dowry Prohibition Act in connection with Sadar (Mahila) P.S. Case No.25 of 2008, corresponding to G.R. No.2490 of 2008. 4. The present appeal has been filed for enhancement of sentence. 5. Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 reads as under:- 413. No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. 2026:JHHC:14825 2 Criminal Appeal (S.J.) No.11 of 2026 6. Thus, for enhanced punishment, this proviso is not available to the victim. 7. In above view of the matter, learned counsel for the appellant seeks permission to withdraw the present appeal with a liberty to institute a proper petition in appropriate forum. 8. Learned counsels for the other sides have raised no objection. 9. Permission is accorded. 10. Accordingly, the present criminal appeal stands disposed of with the aforesaid liberty. 11. I.A. No.17462 of 2025 also stands disposed of. (Rajesh Kumar, J.) 14.05.2026 Shahid/ Uploaded on 16.05.2026