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Patna High CourtCR. MISC./21464/2023allowed

Shabana Khatoon v. The State Of Bihar

2023-12-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21464 of 2023 Arising Out of PS. Case No.-871 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== SHABANA KHATOON WIFE OF MD RIZWAN RESIDENT OF VILLAGE- MARIPUR SILALUT, PS- MANIYARI, DISTTMUZAFFARPUR AT PRESENT , RESIDING AT KANHAULI, AJARKAWE, PS- MITHANPURA, DISTT- MUZAFFARPUR, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MD RIZWAN SON OF MD NIZAM RESIDENT OF VILLAGEMARIPUR, SILAUT, PS- MAIUYARI, DISTT- MUZAFFARPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mazharul Hassan For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-12-2023

1. No one appears on behalf of the Opposite Party No. 2 in spite of issuance of notice.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3.This application is filed for cancellation of anticipatory bail of Opposite Party No. 2 granted by this Court vide Cr. Misc. No. 61061 of 2022 on 17.02.2023 in connection with Complaint Case No. 871 of 2018.

4. Submission of learned counsel for the petitioner is that Opposite Party no. 2 has obtained bail by submitting false submissions. Petitioner has not performed second marriage. She

Patna High Court CR. MISC. No.21464 of 2023(11) dt.01-12-2023 2/2 did not live with any other person. She was continuously living in his father's house since then she was ousted from her husband's house. When she lives her husband's house after torture Maniyari P.S. Case No. 143 of 2018 was lodged for saving his skin.

5. Having considered the above facts and circumstances of the case, this application is allowed. Accordingly, the anticipatory bail granted to the Opposite party No. 2, Md. Rizwan on 17.02.2023 vide Cr. Misc. No. 61061 of 2022 is, hereby, cancelled.

(Arvind Srivastava, J) shailendra/- U T