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Heard learned counsel for the petitioner, O.P. No. 2 and learned A.P.P for the State.

The present petition has been filed for cancellation of anticipatory bail to the O.P. No. 2 who was granted anticipatory bail vide order dated 27.10.2021 passed in Cr. Misc. No. 740 of 2020.

It is submitted by learned counsel for the petitioner that vide order dated 20.05.2019 passed in Cr. Misc. No. 33098 of 2019, the O.P. No. 2 was granted provisional anticipatory bail for four months and Patna High Court CR. MISC. No.8953 of 2022(10) dt.12-04-2023 learned Court below was directed to confirm the provisional bail of the O.P. No. 2, if he keeps his wife properly. The O.P. No. 2 had again filed second anticipatory bail vide Cr. Misc. No. 740 of 2020 suppressing this fact that learned S.D.J.M, Bikramganj, Rohtas by its order dated 20.11.2019 had not inclined to confirm the provisional bail to O.P. No. 2 and directed to issue non-bailable warrant against him.

It is further submitted by learned counsel for the petitioner that learned Court below had not confirmed the provisional bail of the O.P. No. 2 since O.P. No. 2 failed to comply the order of this Hon'ble Court and refused to keep his wife, the petitioner with dignity and honour which is apparent from the order dated 20.11.2019 passed by learned S.D.J.M, Bikramganj, Rohtas. Thereafter, the O.P. No. 2 had filed second anticipatory bail which was allowed vide order dated 27.10.2021 passed in Cr. Misc. No. 740 of 2020 in the absence of the counsel for the petitioner on the Patna High Court CR. MISC. No.8953 of 2022(10) dt.12-04-2023 assertion of O.P. No. 2 that he is ready to pay Rs. 3000/- per month as maintenance to the petitioner.

It is submitted by learned counsel appearing on behalf of the O.P. No. 2 that in pursuance to the direction of this Court passed in Cr. Misc. No. 33098 of 2019, the O.P. No. 2 went to the parental home of his wife to bring back his wife but she refused to come with the O.P. No. 2 and also insulted and humiliated him. The O.P. No. 2, in this regard, had filed an application before learned S.D.J.M, Bikramganj, Rohtas on 11.06.2019 Patna High Court CR. MISC. No.8953 of 2022(10) dt.12-04-2023 which has been annexed as Annexure-3. It is further submitted that being aggrieved with the conduct, attitude and behaviour of the petitioner, the O.P. No. 2 had filed Matrimonial Case No. 989 of 2017 for dissolution of marriage which was allowed ex-parte on 07.08.2019.