Nitu Kumari @ Neetu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5486 of 2020 Arising Out of PS. Case No.-1313 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NITU KUMARI @ NEETU KUMARI Wife of Gopal Kumar Sinha, D/O Anant Kumar Sinha At present Resident of Mohalla Shivpuri, Near Tara Apartment, P.S. Sastrinagar, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Gopal Kumar Sinha Son of Baijnath Pd. Sinha Resident of Village - Velha, Budha Bagat Lane, Gali No. 9, road No. 3, P.S. Delha, District Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Singh For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned APP for the State but in spite of valid service of notice none is present on behalf of opposite party no.2.

The present application has been filed on behalf of petitioner to cancel the provisional bail of opposite party no.2, which was granted to him by a co-ordinate Bench of this Court vide order dated 24.04.2019 passed in Cr. Misc. No.2383 of 2019 with certain conditions as enumerated in the said order. From perusal of records, it appears that the opposite party no.2 was granted provisional bail vide order dated 24.04.2019 passed in Cr. Misc. No.2383 of 2019, the relevant portion of the order reads thus:

Patna High Court CR. MISC. No.5486 of 2020(5) dt.19-12-2022 2/2 "...The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below on showing substantial proof by the petitioner to the effect that he has deposited the entire maintenance amount in the bank account of the complainant. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of bail of the petitioner."

It is submitted by learned counsel for the petitioner that opposite party no.2 has not paid a single pie in the account of the petitioner and hence the opposite party no.2 has failed to obey the order of the Family Court as well as this Hon'ble Court.

As the opposite party no.2 has failed to obey the order of this Court, I have no option but to cancel his bail bond. In the result, the order dated 24.04.2019 passed in Cr. Misc. No.2383 of 2019 is hereby recalled and this application is allowed. Learned Court below is directed to take necessary steps in accordance with law.

(Anjani Kumar Sharan, J) divyanshi/- U T