Fauzia Ishrat @ Bibi Fauzia Ishrat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48852 of 2015 Arising Out of PS. Case No.-997 Year-2012 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Fauzia Ishrat @ Bibi Fauzia Ishrat, Daughter of Md. Asif Alam, resident of Village -Ibrahmpur Ghazipur, P.S. - Tarapur, District - Munger. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mohammad Akil Ahmad @ Md. Akil Ahmad, S/o Late Abdul Wahid Ahmad, resident of Plot No. 35,Flat No. 401, Zakir Nagar, West,P.S. Jamia Nagar, District - New Delhi - 110025 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Khurshid Alam For the Opposite Party/s :

Mr.Anuj Kumar Srivastava App ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-09-2019 The present application has been filed for cancellation of anticipatory bail, granted to opposite party no. 2 vide order dated 25.07.2014 passed in Cr. Misc. No. 16224 of 2013 in connection with Complaint Case No. 997(C) of 2012, pending in the Court of learned Judicial Magistrate, Ist Class, Munger since opposite party no. 2 has failed to make payment of undertaken monthly amount incorporated in order dated 25.07.2014 passed in Cr. Misc. No. 16224 of 2013. A supplementary counter affidavit dated 12.09.2018 has been filed stipulating therein that total payment of Rs.7,60,000/- has been made by transferring the same in the bank account of the petitioner.

Patna High Court CR. MISC. No.48852 of 2015(7) dt.11-09-2019 2/2 However, the learned counsel for the petitioner submits that after filing of supplementary counter affidavit no further payment has been made, moreover, the payment has been shown as Jakkat not maintenance.

Learned counsel for the opposite party no. 2 submits that he will regularly make payment of maintenance amount as directed vide order dated 10.02.2016 passed in New Case No. Maint-352 of 2013/Old Case No. 118(M) of 2012 by learned Principal Judge, Family Court, Munger and no such payment will be mentioned as Jakkat.

In the circumstances, learned counsel for the petitioner seeks permission to withdraw this application. Accordingly, this application is dismissed as withdrawn.

(Dinesh Kumar Singh, J) DKS/- U T