IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3838 of 2023 ------ Gulafsha Khatoon, aged about 24 years, D/o Late Md. Muslim, & W/o Dr. Rizwan Nasik, R/o village-Manjhi Basto, Digwadih No.12, Near Supervisor Flat, P.O.-Jealgora, P.S.-Jorapokhar, Dist.-Dhanbad. … Petitioner Versus 1. The State of Jharkhand 2. Dr. Rizwan Nasik, Aged about 29 years, S/o Dr. Altaf Hussain, R/o Vill.-Maidhi, Pargana Mahwar, P.O.-Chandauli, P.S.-Chandauli, Dist.- Chandauli, Uttar Pradesh, PIN-232104. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ajay Kr. Singh, Advocate For the State : Ms. Priya Shrestha, Spl.P.P. For the OP 2 : Ms. Aulia Begum, Advocate ------ Order No:-06 Dated:-28-02-2025 Heard the parties. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 439(2) of the Cr.P.C. with a prayer to cancel the anticipatory bail granted to the opposite party No.2 in terms of the order dated 19.09.2023 passed in A.B.A. No.7095 of 2023 in connection with Complaint Case No.2450 of 2021 registered for the offence punishable under Section 498A of the Indian Penal Code, now pending in the Court of learned Judicial Magistrate-1st Class, Dhanbad. The brief fact of the case is that the opposite party No.2 was given the privileges of anticipatory bail with the condition that he will keep and maintain the petitioner herein with full honor and dignity as his lawful wife as and when the petitioner becomes ready and willing to resume conjugal life. Learned counsel for the petitioner submits that she is not ready and willing to resume conjugal life with the opposite party no.2 herein as the opposite party no.2 has solemnized the second marriage. It is next submitted that the only condition imposed upon the opposite party no.2 was to keep and maintain the petitioner herein with full honor and dignity as his lawful wife. Learned counsel for the opposite party no.2 submits that the opposite party no.2 is still ready and willing to resume conjugal life with the petitioner. In view of the submissions made at the bar, this court is of the considered view that as the opposite party no.2 herein is still ready and willing to resume conjugal life with the petitioner but the petitioner is not willing to resume conjugal life with the opposite party no.2, hence, there is no justifiable reason to cancel the bail granted to the opposite party no.2 in terms of the order dated 19.09.2023 passed in A.B.A. No.7095 of 2023 in connection with Complaint Case No.2450 of 2021. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) Abhiraj/