Md. Parbej And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59490 of 2018 In Criminal Miscellaneous No.17525 of 2014 Arising Out of PS. Case No.- Year- Thana- District- Madhubani ==========================================

1. Md. Parbej, Son of Anis Ahmad

2. Anis Ahmad, Son of Late Munsi Rain,

3. Kuresha Khatoon, Wife of Anis Ahmad, All Resident of Village-Nahari Tola, Purab, P.S.- Laukaha, District - Madhubani.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Afsana Khatoon, Daughter of Md. Ali Hussain, Resident of VillageNawari, Police Station- Laukaha, District- Madhubani. ... ... Opposite Party/s ========================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv For the Opposite Party/s :

Mr. Smt. Madhuri Lata, APP ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2018 The present application is for restoration of Cr. Misc. No. 17525 of 2014 to its original file. It appears that vide order dated 23.06.2014, notice was directed to be issued to the O.P. No. 2 by peremptory order and the petitioners were granted provisional anticipatory bail. Because of the non-compliance of the peremptory order dated 23.06.2014, the petition was dismissed and it was directed by this Court that the

Patna High Court Cr.Misc. No.59490 of 2018(2) dt.02-11-2018 2/2 Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani would ensure arrest of the petitioners in connection with the subject F.I.R.

With such an order, no modification is permissible. However, considering the fact that it is a matrimonial dispute and as according to the petitioners, the O.P. No. 2 has already married, it would be open for the petitioners to approach this Court afresh for grant of bail, if so advised. With the aforesaid observation, the present petition is disposed of.

(Ashutosh Kumar, J) Shageer/- U T