Shabeena Parween v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31357 of 2015 Arising Out of PS.Case No. -386 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Shabeena Parween Daughter of Md. Idrish Mian Resident of Village Nauranga, P.S. Muffasil in the district Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Md. Alamgir Ala @ Alamgir Alam Son of Yasin Mian resident of Village Mallick Sarai, P.S. Islampur in the district of Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Adv. For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2015 Heard both sides.

The petitioner filed this petition for cancellation of anticipatory provisional bail of Opposite Party no. 2 vide order dated 16.02.2015 passed in Cr. Misc. No. 6272/2015. From perusal of order dated 16.02.2015 it appears that the order was passed in presence of the learned counsel for the wife and the husband. The husband (Opposite Party no.2) was granted provisional bail on the ground that he was ready to keep his wife. The order itself speaks that if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of the petitioner (the husband).

Patna High Court Cr.Misc. No.31357 of 2015 (2) dt.22-07-2015 2/2 Therefore, I do not find any reason to cancel the provisional bail of the petitioner. However, it is made clear that if the dispute is not resolved, the court below is at liberty to pass order on the provisional bail of the petitioner (husband) forthwith. Let a copy of this order be sent to the learned court below.

(Prabhat Kumar Jha, J.) Rakhi/- U T