Md. Naushad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49553 of 2014 Arising Out of PS.Case No. -165 Year- 2012 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Md. Naushad Son of Firoz Alam Resident of Village - Kutkuri, Police Station - Rafiganj, District - Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar

2. Asma Khatoon Wife of Naushad Resident of Village - Kutkuri Police Station- Rafiganj, District - Aurangabad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sajid Salim Khan For the Opposite Parties : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 The petitioner has preferred second anticipatory bail application in a case registered for the offences punishable under Sections 323, 324, 341, 498A/34 of the I.P.C.

The petitioner was granted provisional anticipatory bail vide order dated 13.09.2013 passed in Cr. Misc. No. 24836 of 2013 on submission of the petitioner to keep the informant as wife with full dignity and honour. The provisional bail was to be confirmed by learned Court below on substantial restoration of matrimonial harmony or if the informant deliberately refuses to reside with the petitioner or the informant fails to appear before learned Court below. It is submitted by learned counsel for the petitioner that in pursuance to the earlier order the informant

Patna High Court Cr.Misc. No.49553 of 2014 (2) dt.18-03-2015 2/2 resided with the petitioner for six months and thereafter deserted the petitioner. But learned Court below cancelled the bail bond of the petitioner by wrongly appreciating the condition for confirmation of provisional bail. This Court is not inclined to entertain the second anticipatory bail application.

However the application is disposed off with liberty to the petitioner that he may file appropriate application for modification of the earlier order.

Accordingly the application is disposed off in connection with Rafiganj P.S. Case No. 165 of 2012, pending in the Court of learned Chief Judicial Magistrate, Aurangabad. (Dinesh Kumar Singh, J) Shageer/- U T