Richa Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16551 of 2016 Arising Out of PS.Case No. -136 Year- 2014 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Richa Kumari Wife of Vijay Praksh Singh and Dauhger of Shyamla Nand Sharma resident of House No. 325, Road, NO. 12, Magadha Colony, PS Magadha Medical District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Vijay Prakash Singh Son of Surendra Prasad Singh resident of House no. E6 Surendra Vihar, Bagmugalia, PO Bagsewania, District Bhopal (Madhya Pradesh) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Nath, Advocate For O.P. No. 2 : Mr. Ajeet Kumar, Advocate Mr. Krishna Chandra, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-11-2016 The petitioner is wife of opposite party No. 2. Opposite party No. 2 has been made accused in Magadh Medical P.S. Case No. 136 of 2014 registered for the offence punishable under Sections 363, 379, 323 and 504 of the Indian Penal Code. Opposite party No. 2 has been granted anticipatory bail by an order dated 07.02.2015 passed by learned Sessions Judge, Gaya passed in ABP No. 2322 of 2014.

The petitioner seeks cancellation of bail granted to the opposite party No. 2. It has been alleged that opposite party No. 2 is having illegal custody of a minor child, aged about three

Patna High Court Cr.Misc. No.16551 of 2016 (3) dt.29-11-2016 2/2 years.

Upon perusal of the petition, I find that there is no allegation that opposite party No. 2 has been ever misused the privilege of bail granted to him after his release on bail. In my opinion, no case for cancellation of bail is made out. This application is accordingly dismissed. (Chakradhari Sharan Singh, J) Vats/- U T