Sandhya Devi @ Smita Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.20283 of 2016 (2) dt.07-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20283 of 2016 Arising Out of PS.Case No. -435 Year- 2013 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sandhya Devi @ Smita Devi D/o Sri Rama Shankar Prasad Resident of Village-Pokhra chowk Ramadhar Press, Narkatiyaganj , P.S.- Narkatiyaganj, District-West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Manish Kumar Son of Shri jitendra Prasad Sah resident of Village- Patkhauli Malkauli,P.S. - Patkhauli, District-West Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Ranjan, Advocate For the Opposite Parties : Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2016 Heard both sides.

The petitioner has filed this petition for cancellation of bail to Opposite Party No.2 Manish Kumar who was granted anticipatory bail vide order dated 16.07.2015 passed in Cr.Miosc.No.25666 of 2015. The Opposite Party No.2 Manish Kumar was granted provisional bail vide order dated 16.07.2015 with a direction to the learned court below to make all efforts for reconciliation of the dispute between the husband and the wife and when the dispute is resolved amicably, the provisional bail granted to the petitioner shall be confirmed. In case, the dispute is not resolved, the court below shall pass orders on the prayer for

Patna High Court Cr.Misc. No.20283 of 2016 (2) dt.07-09-2016 provisional bail of the petitioner on its own merit in accordance with law.

The Opposite Party No.2 is on provisional bail and he is not taking his wife to his own house. From the order of the learned SDJM, Bettiah, West Champaran, it appears that he has not made any sincere efforts for reconciliation of the dispute. The learned SDJM, Bettiah is directed to make all efforts for reconciliation of the dispute between the husband and his wife within three months and if the matter is not resolved amicably, the learned SDJM, Bettiah, West Champaran in connection with Shikarpur P.S.Case No.435 of 2013 shall pass order immediately after lapse of three months in accordance with law.

Accordingly, this petition for cancellation of bail is disposed of.

(Prabhat Kumar Jha, J) B.Kr./- U