Patna High CourtCR. MISC./5651/2019dismissed

Rabina Praveen @ Rabina Parveen v. The State Of Bihar And ANR

2019-02-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5651 of 2019 Arising Out of PS. Case No.-1623 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Rabina Praveen @ Rabina Parveen, aged about 24 years, Gender-Female, wife of Md. Mojjam @ Md. Mozzam Ansari, Daughter of late Md. Safique Mian, Resident of Village - Kandar, P.S. - Makhdumpur, Distt.- Jehanabad, At present residing at village - Lodipur, P.S.- Konch Distt.- Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Md. Mojjam @ Md. Mozzam Ansari, son of Md. Moin Mian resident of Village - Kandar, P.s.- makhdumpur, Distt.- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tabish Sharfuddin For the Opposite Party/s :

Mr. Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2019 This application has been filed for cancellation of anticipatory bail granted to opposite party no.2 vide order dated 18.07.2018 passed in A.B.P. No. 1869/2018.

The main contention of learned counsel for the petitioner is that by making false statement before the court below, the petitioner has taken anticipatory bail. Heard learned A.P.P. also.

From perusal of the impugned order, it appears that the learned Sessions Judge has granted anticipatory bail to the petitioner after hearing the complainant also and at that time the complainant has also denied to that no marriage was performed rather marriage was performed against the will of the petitioner

Patna High Court Cr.Misc. No.5651 of 2019(2) dt.01-02-2019 2/2 and after considering the same, learned Sessions Judge has granted anticipatory bail to the petitioner and as such no question arises for consideration of fact by the petitioner. Considering the above facts and circumstances of the case, I am not inclined to interfere in the order dated 18.07.2018 passed in A.B.P. No.1869/2018.

As such, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T