Md. Sharif Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62485 of 2025 In CRIMINAL MISCELLANEOUS No.49685 of 2014 Arising Out of PS. Case No.-226 Year-2013 Thana- COMPLAINT CASE District- Jamui ====================================================== Md. Sharif Ansari S/o Md. Sarifqu Ansari @ Md. Shafid Resident of VillageTabaghat, PS- Jasidih, District- Deoghar, Jharkhand ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sabijan Khatoon W/o Md. Sharif Ansari, D/o Hakim Miyan R/o vill - Fathpur, P.s.- Chakai, Distt.- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2026 The present modification application has been preferred by the petitioner for modification of the order dated 07.05.2015 passed in Cr. Misc. No. 49685 of 2014.
2. Learned counsel for the petitioner submits that since the wife of the petitioner was residing with him, he was not paying Rs. 2,000/- per month towards maintenance in terms of the order dated 07.05.2015. Subsequently, the wife approached the court contending that she was not residing with the petitioner and, in the light of the said order dated 07.05.2015, sought payment of maintenance. In pursuance thereof, the bail bond of the petitioner was cancelled on
Patna High Court CR. MISC. No.62485 of 2025(2) dt.25-02-2026 2/2 29.05.2025 and he has been taken into custody. It is further submitted that during the period of custody, the trial in connection with Complaint Case No. 226C of 2013 has been concluded and the petitioner has been convicted. Against the said order of conviction, an appeal has been preferred by the petitioner, which is presently pending consideration before the learned Principal District & Sessions Judge, Jamui.
3. Considering the fact that the petitioner has already been convicted and his appeal is pending consideration before the Appellate Court, it is observed that any prayer for grant of bail shall now be considered by the Appellate Court on its own merit, without being prejudiced by the order dated 07.05.2015 passed in Cr. Misc. No. 49685 of 2014.
4. With the aforesaid observation, the present modification application stands disposed of.
(Sudhir Singh, J) Rajesh/- U T