Sana Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41682 of 2021 Arising Out of PS. Case No.-393 Year-2017 Thana- BUDDHACOLONY District- Patna ====================================================== SANA AHMAD W/o Md. Johaib Malik, D/o Sarfaraj Ahmad Resident of Village - Flat no.11, Kaithma Apartment, Raiji Ki Gali, Boring Cdanal Road, P.S.- Buddha Colony, Distt.- Patna. Permanent Resident of Village - Manjhour, P.S.- Makhudmpur, Dist.- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Johaib Mallik Son of Khurshid Mallik Resident of Village - Dani Bigha, P.S.- Makhdumpur, Distt.- Jehanabad at Present resident of Second Floor Flat No.206, Building No.6/G Roma Banjara Tanda Cooperative Society Infront of Agarwal Tower, P.M.C.P. Road Juni, Mumbai, P.S.- Mankhurd, Distt.- Mumbai, Maharastra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Arvind Mouar, Adv.

Mr. Raj Krishan Jha, Adv.

For the State : Mr. Md. Anbzarul Haque Sahara, APP For the Opposite Party No.2:

Mr. Suresh Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2022 Heard the parties through virtual mode.

The present application has been filed for cancellation of bail granted to OP No.2, Md. Johaib Mallik in Cr. Misc. No. 74377/2018 vide order dated 20.08.2019 on the ground that OP No.2 has violated the condition of bail by not paying a sum of Rs. 12,000/- per month to the petitioner/informant which is one of the conditions of bail. Learned counsel appearing for OP No.2 submits that petitioner has been working as Chartered Accountant in Mumbai but due to COVID-19 pandemic, the OP No.2 has some

Patna High Court CR. MISC. No.41682 of 2021(5) dt.09-02-2022 2/2 difficulty in making payment inasmuch as his job got affected, however, he submits that payment for a period of three months has been made and credited in the account of petitioner. He next submits that the balance amount of arrears of payment and the current payment shall be made by the OP No.2 in favour of petitioner @ 12,000/- per month within the period of eight months from today in installments.

In view of the submissions made by the learned counsel for the OP No.2, I am not inclined to interfere the order granting bail to OP No.2 at this stage. This Court hope and trust that the OP No.2 shall abide by the conditions of bail in future. Accordingly, this petition for cancellation of bail stands disposed of.

(Anil Kumar Sinha, J) perwez U T