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Patna High CourtCR. MISC./54237/2015disposed

Sugreev Chaudhary @ Sugriv Chaudhary @ Sugrim Choudhary v. The State Of Bihar

2016-08-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE DistrictWESTCHAMPARAN(BETTIAH) AT PATNA Criminal Miscellaneous No.54237 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -MAHILA P.S BAGHA ======================================================

1. Sugreev Chaudhary @ Sugriv Chaudhary @ Sugrim Choudhary, son of Late Nathuni Choudhary, resident of village- Chakhany, P.S. Bagaha, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Nath Tiwary For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-08-2016 Petitioner as well as informant appeared in person along with their respective learned counsel.

The informant admitted before me that she has been residing at her matrimonial home along with petitioner and she also admitted that 15 Kathas of land has been given to her towards her maintenance but she apprehends that petitioner might be taken the aforesaid land after confirmation of his bail. Petitioner informs this Court that he has given the above stated land to the informant towards her maintenance and a paper has already been written by him with regard to the above stated fact and the said paper/ document was written in presence of the panches of the village and, therefore, question to take re-back

Patna High Court Cr.Misc. No.54237 of 2015 (8) dt.30-08-2016 2/2 the aforesaid land does not arise.

In the aforesaid circumstance, I think it proper to confirm the provisional bail granted to the petitioner on 03.12.2015 because mere confirmation of provisional bail would not amount to conclusion of trial of the petitioner and even if the provisional bail granted to the petitioner is confirmed, he has to face trial and in course of trial, the informant has every opportunity to raise her grievance, if the behaviour and attitude of the petitioner is found changed.

Accordingly, the provisional bail granted to the petitioner vide order dated 03.12.2015 is hereby confirmed and in the aforesaid manner, this petition stands disposed of. (Hemant Kumar Srivastava, J) N.K/- U T