Patna High CourtCR. MISC./5388/2019dismissed

Kumari Priyanka v. The State Of Bihar And ANR

2019-02-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5388 of 2019 Arising Out of PS. Case No.-50 Year-2016 Thana- DARBHANGA District- Darbhanga ====================================================== Kumari Priyanka, Wife of Mithun Kumar, D/o- Upendra Prasad Diwakar, Resident of Mohalla -Kabirabad, Basantganj Near Imlighat, P.S.- Town, District- Darbhanga ... ... Petitioner/s

Versus

1. The State of Bihar,

2. Mithun Kumar, son of Bishwanath Bhagat ,Resident of Vilalge- Maksupur Bara Hazaratganj Chowk Gali No. 3, P.S.- Kasim Bazar, District-Munger, presently residing at Z UNIT INS Ranaat Viskakhapatnam (Andra Pradesh) on the Rank of LME ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S.N.P. Sinha, Sr. Advocate.

For the Opposite Party/s :

Mr.A.M.P., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2019 This application has been filed on behalf of the petitioner for cancellation of pre-arrest bail granted to opposite party no. 2, vide order dated 03.07.2017 passed in Criminal Misc. No. 1099 of 2017.

Learned counsel for the petitioner submits that opposite party no. 2 had filed Criminal Misc. No. 1099 of 2017 for his pre-arrest bail, in which, the petitioner being opposite party no. 2 was appeared and the matter was referred to Mediation and Reconciliation Centre, Patna High Court, Patna, for settlement of dispute and on mediation, the dispute was settled and opposite party no. 2, who was petitioner in that

Patna High Court Cr.Misc. No.5388 of 2019(2) dt.06-02-2019 2/2 petition, took the petitioner at his house but later on, opposite party no. 2 again tortured and removed from matrimonial house. It appears that the prayer of pre-arrest bail of petitioner was allowed vide order dated 03.07.2017 passed in Criminal Misc. No. 1099 of 2017 after settlement of dispute in Mediation and reconciliation Centre, Patna High Court, Patna. As such, due to further development of misunderstanding in between petitioner and the opposite party no. 2, the pre-arrest bail of opposite party no. 2 could not be cancelled. Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) Bhardwaj/- U T