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Patna High CourtCR. MISC./21463/2015rejected

Dhananjay Kumar Tiwary @ Dhananjay Tiwary v. State Of Bihar And ANR

2015-12-15Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21463 of 2015 Arising Out of PS.Case No. -1585 Year- 2013 Thana -SARAN COMPLAINT CASE District- SARAN ====================================================== Dhananjay Kumar Tiwary @ Dhananjay Tiwary, Son of Late Ashok Tiwary, R/o village - Mathia, P.S.- Jalalpur, Distt. - Chapra .... .... Petitioner/s

Versus

1. The State of Bihar

2. Niraj Tiwary, W/o Dhananjay Tiwary, daughter of Lalan Pandey, R/o Mathia, P.S. Jalalpur, Distt. - Chapra, at Present R/o village - Rushi Bareja, P.S. Kopa, Distt. - Chapra ( Saran ) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Kumar Tiwary, Advocate For the S t a t e : Mr. R.S.Choudhary(APP) For O.P. No.2 : Mr. Ajay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of O.P. No.2 as well as the learned counsel for the State.

The petitioner and O.P. No.2 are present in person today along with their child Subham Tiwary.

On the last occasion, this Court had been pleased to direct that the petitioner will take O.P. No.2 and their marital life shall be resumed in harmonious environment. However, today after hearing the harrowing tale of O.P. No.2, which has been endorsed by their small son, this Court has no option but to withdraw the interim order issued in favour of the petitioner.

Patna High Court Cr.Misc. No.21463 of 2015 (5) dt.15-12-2015 2/2 Accordingly, the prayer for anticipatory bail is rejected. It is, however, directed that the petitioner shall pay `4,000/- (Four thousand) to O.P. No.2 for her sustenance and the education of the boy so that he can pursue his studies in his grandfather's home where O.P. No.2 is residing currently. It is further directed that the belongings, if any, with the petitioner shall be returned to O.P. No.2.

(Anjana Mishra, J) PNM U T