Bimla Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14526 of 2019 Arising Out of PS. Case No.-1174 Year-2014 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Bimla Rai Wife of Praduman Rai, D/O- Harakh Narayan Rai Resident of Village and Post - Gara, P.S.- Kuchchila, District - Rohtas ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Kishore Kunal Krishnand Mishra Son of Alakh Narayan Rai Resident of Village - Gara, Post -Gara, P.S.- Kuchchila, District - Rohtas 3.
Shiv Prasan Rai Son of Late Raj Narayan Rai Resident of Village - Gara, Post -Gara, P.S.- Kuchchila, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Choubey For the Opposite Party/s :
Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2019 This application has been filed for cancellation of anticipatory bail granted to opposite party nos. 2 & 3 vide order dated 27.11.2018 passed in A.B.P. No. 2207 of 2018 by the learned Sessions Judge, Rohtas.
The ground for cancellation is that the process under Section 82 of the Cr.P.C. has already been directed to be issued against opposite party nos. 2 & 3 on 23.08.2018, but in spite of that the anticipatory bail was granted to the opposite party nos. 2 & 3 and he has annexed the relevant order-sheet of the learned court below.
Heard learned APP for the State as well as learned
Patna High Court CR. MISC. No.14526 of 2019(3) dt.16-05-2019 2/2 counsel for the opposite party nos. 2 & 3, who drawing my attention towards order-sheet annexed by the petitioner which shows that the process under Section 82 of the Cr.P.C. was issued on 23.09.2018, but the order-sheet did not show as to when the same was complied and no compliance report is on record, though order sheet of the learned court below has filed from 10.04.2018 to 06.12.2018, when the order granting bail to the petitioner was received by learned court below. In such view of the matter, I find no merit in this application, hence, dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T