Patna High CourtCR. MISC./11341/2017dismissed

Reena Devi v. The State Of Bihar And ORS

2017-03-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11341 of 2017 Arising Out of PS.Case No. -1257 Year- 2010 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Reena Devi, wife of Upendra Yadav alias Upendra Singh Yadav, Resident of Village-Dhudhni, P. S. Buxar Muffasil, District-Buxar, At present C/o Daughter of Late Paras Nath Singh Yadv, Resident of Village-Jagdishpur P. S.- Buxar, District-Busar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jag Narayan Yadav Son of late Ramyash Yadav

3. Asha Devi wife of Jag Narayan Yadav

4. Sarita Devi Daughter of Jag Narayan Yadav

5. Shivanand Yadav, son of Jag Narayan Yadav Nos. 2 and 5 Resident of Village-Dhudhni, P. S. Buxar Muffasil, DistrictBusar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-03-2017 Heard learned counsel for the parties.

Opposite parties No. 2 to 5 are family members of husband of the petitioner and have been made accused in Complaint Case No. 1257 (C ) of 2010 for commission of offence punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. They have been allowed anticipatory bail by the Court of learned Sessions Judge, Buxar.

The petitioner filed an application for cancellation of bail before the Court of learned Sessions Judge, Buxar, which has

been rejected by an order, dated 03.07.2015. The present application has been filed seeking cancellation of bail granted to Opposite parties No. 2 to 5.

The plea which has been taken for cancellation of bail is that the husband of the petitioner has married another lady, which fact was concealed at the time of seeking anticipatory bail. This cannot be a ground for cancellation of bail, particularly, when the Opposite parties No. 2 to 5 are family members of the husband of the petitioner.

This application has no merit and it is, accordingly, dismissed.

ArunKumar/- (Chakradhari Sharan Singh, J) U