IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10281 of 2008 ----- Shahina Praveen wife of Md. Asif Ali, resident of at present Mohalla-Nai Sarak, Nabab Bahadurpur Road, P.S. Khajekalan, District-Patna. -- Petitioner. Versus 1. The State Of Bihar 2. Md. Asif Ali son of Md. Idris, resident of Belarganj, P.S.- Alamganj, District-Patna. -- Opposite parties. ---- For the petitioner : Mr. Vivek Kumar Singh, Advocate For the opposite parties : None. ----- 13. 14.10.2009 This petition has been filed by the petitioner Shahina Praveen for cancellation of order granting anticipatory bail dated 13.12.2007 passed in Cr.Misc.No.30179 of 2007 which was filed by her husband Md. Asif @ Md. Asif Ali. The said accused person, Md. Asif Ali was an accused in Khajekalan P.S.Case no.125 of 2005 filed by his wife Shahina Praveen for offences punishable under Sections 498A, 323 and 326 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act. 2. The aforesaid Cr.Misc.No.30179 of 2007 filed by Md. Asif @ Md. Asif Ali was contested by the informant Shahina Praveen, but considering the statements of both the parties, the said petition for anticipatory bail was allowed on 13.12.2007 with a direction to the accused to take the informant from her parent’s house within one month from the date he is released on bail by the learned court below and should keep the informant with him as his legally wedded wife with all due care, protection and affection. - 2 - 3. Thereafter Cr.Misc.no.10281 of 2008 was filed by the informant Shahina Praveen for cancellation of the aforesaid order of anticipatory bail stating that the said accused person, who is her husband, in spite of the specific direction of this court, neither came to the house of the informant, nor took any step to take her to his house and when in January, 2008 the informant’s brother went to the house of the accused and requested him to take the informant he flatly refused to keep her with him and also threatened him of dire consequences. Hence, it was submitted that the accused person had not acted as per his undertaking given in this court. 4. The said accused person Md. Asif @ Md. Asif Ali appeared in this case also and stated on 22.04.2009 that he is ready to keep his wife Shahina Praveen with due care, affection and security but she should also live with him peacefully without any unnecessary trouble. Thereafter the accused Md. Asif Ali was permitted to take his wife along with him to his house and they were directed to live peacefully as per their personal undertaking before this court. 5. It transpires that even thereafter the wife was not taken by her husband to his house and on 19.08.2009 the said accused Md. Asif Ali gave his undertaking in the court that he will take his wife from the court itself to his house with him and will keep her with proper care and affection and hence, the informant Shahina Praveen was directed to go with him. 6. Thereafter on the next date fixed, i.e. 07.10.2009, the - 3 - informant Shahina Praveen along with her counsel appeared in court stating that the said accused person took her from this court, but on the way he left his wife Shahina Praveen and refused to take her to his house. However, on 07.10.2009, neither Asif Ali, who is opposite party no.2, nor his learned counsel appeared in court and hence the case was adjourned. 7. Today also when this case is listed, the informant Shahina Praveen along with her counsel is present in court and she is reiterating her stand. Today also neither the accused, opposite party no.2, nor his counsel is present in court. In the said circumstances, it is quite apparent that the accused Md. Asif Ali, who is alleged to have earlier been torturing his wife physically, is now torturing her psychologically also and he has also violated the specific direction of this court. 8. In the said circumstances, Cr.Misc.No.10281 of 2008 is allowed and the anticipatory bail granted to accused Md. Asif Ali @ Md. Asif vide order dated 13.12.2007 in Cr.Misc. No.30179 of 2007 is hereby cancelled. The concerned police authorities are directed to take all coercive steps to arrest the said accused, who is an accused in Khajekalan P.S.Case no.125 of 2005. Sunil (S. N. Hussain, J.)