Sushila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11788 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -BAHADURPUR DistrictPATNA ===================================== Sushila Devi, aged about 72 years, wife of Sri Suresh Prasad, resident of Mohalla New Kunj Colony, P.S.- Bahadurpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nand Kishor Singh, aged 40 Years, S/o Late Rameshwar Singh.

3. Binayak Chandra, aged 35 Years, S/o Sita Ram Singh. Both resident of Mohalla-New Kunj Colony, P.S.- Bahadurpur, District-Patna.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Dr. Ajit Kumar (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-11-2016 Heard the parties.

The present application, under Section 439(2) of the Code of Criminal Procedure, has been filed seeking cancellation of anticipatory bail granted to opposite party Nos. 2 and 3, who are on bail in connection with Bahadurpur

Patna High Court Cr.Misc. No.11788 of 2016 (3) dt.29-11-2016 2/2 P.S. Case No. 169 of 2015, registered for the offence punishable under Sections 341, 323, 420, 467, 504 and 506/34 of the Indian Penal Code, by learned Additional District and Sessions Judge, Patna city, in ABP No. 7530 of 2015, on the ground that they suppressed the fact that they were made accused in one Bahadurpur P.S. Case No. 120 of 2015.

Upon perusal of the First Information Report, which has been registered on the basis of a complaint case, filed by the petitioner, it is apparent that it is basically a civil dispute between the parties. Secondly, no ground for cancellation of bail is made out on the basis of what has been asserted in this application seeking cancellation of bail. This application is, accordingly, rejected.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T