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Patna High Court/2355/2021allowed

Md Meer Alam Alias Gabbar v. The State Of Bihar

2021-09-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2355 of 2021 Arising Out of PS. Case No.-1039 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MD. MEER ALAM @ GABBAR, S/o MD. QAIYOOM Resident of Village - Chainpur Bangra, P.S. - Maniyari, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nazani Khatoon W/o Md. Meer Alam @ Gabbar, D/o Late Ibnul Hasan, Resident of Village - Loma, P.S. - Gaighat, District - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the State :

Mrs.Renuka Ratnakar, APP For the Opposite Party/s : Mr.Abhay Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2021 Heard the parties through virtual Court proceedings. Vide order dated 10.03.2021, the petitioner was granted provisional bail.

Learned counsel for the petitioner has filed supplementary affidavit in which it is stated that by the order dated 10.03.2021, the petitioner was granted provisional bail, but again remanded in judicial custody on the basis of warrant issued by the learned Principal Judge, Family Court, Muzaffarpur in maintenance case filed by the Opposite Party no.2. The petitioner moved before the court below for grant of bail and accordingly bail has been granted to him and the petitioner came out from the jail in the month of April, 2021.

Patna High Court CR. MISC. No.2355 of 2021(5) dt.06-09-2021 2/2 The question of payment of maintenance amount is not justified by the Opposite Party. Because, when a person remain in judicial custody and in the meantime any such amount fixed by the learned Principal Judge, Muzaffarpur could not be paid. In the aforesaid facts and circumstances of the case, the provisional bail granted to the petitioner above named vide order dated 10.03.2021 is hereby confirmed.

(Anjani Kumar Sharan, J) amitkumar/- U T