Md. Afaque Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51911 of 2013 Arising Out of PS.Case No. -19 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Md. Afaque Alam, Son Of Late Dil Mohammad, Resident Of VillagePauthu, P.S.- Pauthu, District- Aurangabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Rokhsana Khatoon, w/o Md. Afaque Alam, D/O Md. Tabrez, R/O. Village-Pauthu, P.S.- Pauthu, District-Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Kamlendra Pd. Singh, Advocate For the S t a t e : Mr. Shailendra Kr.Singh(APP) For O.P. No.2 : Mr. S. Jamil Akhtar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and the learned counsel for O.P. No.2 as well as the learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.19 of 2013 for allegedly having committed the offence under Section 498A of the Indian Penal Code.

On 18.10.2016 learned counsel for the petitioner seriously contended that the petitioner is willing to take O.P. No.2 back. As such, the case was directed to be listed in Chambers today, when both the parties were required to be present.

Patna High Court Cr.Misc. No.51911 of 2013 (9) dt.16-11-2016 2/2 Pursuant to the said order, O.P. No.2 has appeared today. However, the petitioner has failed to appear in Court. Learned counsel for the petitioner prays for an adjournment. However, in view of the piquant situation and the recalcitrant attitude of the petitioner, I am not inclined to grant further adjournment.

O.P. No.2, who has appeared in person, has narrated her woes, stating that there is no scope of any reconciliation between them as the petitioner has no intention of taking her home. She has been leading a life of a destitute and in absolute penury and is just about sustaining herself by working house to house doing menial work.

Considering the nature of allegations made against the petitioner and that he has on utter false assurances taken an order of interim relief, this Court takes serious note of the matter. As such, the provisional bail granted to the petitioner vide order dated 27.03.2014 stands revoked and his bail bonds are cancelled.

(Anjana Mishra, J) PNM U T