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Patna High CourtCR. MISC./17974/2023disposed

Ram Babu Ray v. The State Of Bihar

2023-09-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17974 of 2023 Arising Out of PS. Case No.-218 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== Ram Babu Ray, aged about 58 years, Gender-Male, Son of Sinheshwar Ray, R/v- Dostpur, Ward No. 12, P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Mithilesh Kumar @ Mithilesh Kumar, Son of Ambika Prasad Yadav, R/vBalbhadrapur, P.S.- Rajapur, District- East Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Madhusudan Rai, Advocate For the State :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been filed on behalf of the petitioner for cancellation of anticipatory bail granted to the opposite party no. 2, in Cr. Misc. No. 17820 of 2022 under order dated 28.04.2022, in connection with Bathnaha P.S. Case No. 218 of 2021, pending in the court of learned Chief Judicial Magistrate, Sitamarhi. Further a liberty was granted to either of the parties to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

3. It is submitted on behalf of of the petitioner that

Patna High Court CR. MISC. No.17974 of 2023(3) dt.08-09-2023 2/2 the opposite party no. 2 did not appear before the Mediation Centre in light of the liberty granted vide order dated 28.04.2022, passed in Cr. Misc. No. 17820 of 2022. Hence, he wants the anticipatory bail granted to the opposite party no. 2, be cancelled. The same cannot be the ground for cancellation of anticipatory bail.

4. The petitioner will be at liberty to make an appropriate application before the Family Court with a competent jurisdiction for redressal of his grievance.

5. With the aforesaid liberty, the present application stands disposed of.

(Sudhir Singh, J) U.K./- U T