Belnoor Khatoon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52513 of 2017 Arising Out of PS.Case No. -3548 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Belnoor Khatoon, W/O Md. Anarul, D/O Late Majed Ali, Resident of Mohalla- Ali Nagar, P.S. - K. Nagar, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Anarul, S/O Md. Abdullah, Resident of Village - Jharkhaha, P.S. - Barari, District - Katihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2018 The petitioner has sought for cancellation of bail of the opposite party no. 2 which was granted to him by order dated 30.08.2017 passed by the learned Additional Sessions Judge, Purnea in BP No. 601 of 2017 in connection with C.A. Case No. 3548 of 2013 instituted under Sections 323, 341, 406, 498A and 504 of the Indian Penal Code.

The order has been challenged firstly on the ground that without notice to the petitioner who is the wife of opposite party no. 2, the aforesaid order has been passed and secondly, despite a direction of the court granting bail that opposite party no. 2 shall pay to the petitioner a monthly sum of Rs. 1000/-, till the disposal of the case, the opposite party no. 2 has failed to comply with the aforesaid order.

Patna High Court Cr.Misc. No.52513 of 2017 (3) dt.18-01-2018 From the perusal of the order impugned it appears that the court below was given a liberty to pass an appropriate order in accordance with law in case of non-compliance of the court's order and direction regarding payment of monthly amount to the petitioner.

The petitioner would be well advised to approach the court below and bring it to his notice that the opposite party no. 2 has not been performing his part of the obligation and is not complying with the orders of the court and therefore his bail application be cancelled.

Should such application be filed before the court below within a period of four weeks, the court below shall pass appropriate orders in accordance with law after hearing both the parties.

With the aforesaid observation, the present petition is disposed of.

(Ashutosh Kumar, J) KKSINHA/- U T