Renu Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22486 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana - GOPALPUR District- PATNA =====================================

1. Renu Devi Wife of Som Prakash Goswami, Resident of village- Bairiya, P.S.- Gopalpur, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Vivek @ Vittu Kumar, Son of Surendra Mahto @ Surendra Prasad, Resident of village- Bairiya, P.S.- Gopalpur, DistrictPatna .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Prakash Chandra Jha For the Opposite Party/s : Mr. N.N.Tiwary (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2016 Heard the parties.

By an order, dated 02.04.2016, passed by learned Sessions Judge, Patna, in ABP No. 2313 of 2016, arising out of Gopalpur P.S. Case No. 47 of 2016, opposite party No. 2 has been granted anticipatory bail. The petitioner seeks cancellation of bail, so granted to opposite party No. 2, on the ground that the

Patna High Court Cr.Misc. No.22486 of 2016 (2) dt.05-12-2016 2/2 relevant materials were not taken into account by the learned court below while giving opposite party No. 2 the privilege of anticipatory bail.

I have perused the order, dated 02.04.2016.

Exercise of discretion of grant of anticipatory bail, in the facts and circumstances of the case, recorded in the impugned order, cannot be said to wholly unjustified. Secondly, there is no allegation that after release on bail, opposite party No. 2 ever misused the privilege of bail in any manner whatsoever. Such being the situation, I am not inclined to accede to the prayer made on behalf of the petitioner.

This application is, accordingly, rejected.

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