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Patna High CourtCR. MISC./21540/2022dismissed

Nikki Devi v. The State Of Bihar

2023-07-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21540 of 2022 Arising Out of PS. Case No.-51 Year-2018 Thana- THAWE District- Gopalganj ====================================================== NIKKI DEVI Daughter of Saral Singh R/o Village - Ramchandrapur, P.S.- Thawe, District - Gopalganj at present R/o Village - Ukhahi Balua Tola, P.S.- Muffasil Siwan, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dhananjay Singh Son of Late Shivdas Singh R/o Village - Ukhai Baluwa Tola, P.S.- Muffasil Siwan, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2023 This is an application for cancellation of anticipatory bail, granted by the Hon'ble Court vide order dated 14.02.2022 passed in Cr. Misc. No. 42286 of 2021 to the opposite party No. 2 in connection with Thawe Police Case No. 51 of 2018 pending in the court of Sub-Divisional Judicial Magistrate, Gopalganj in which cognizance has been taken under Sections 498A, 323, 406, 314/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

It is submitted on behalf of the petitioner that at the time of hearing of the bail application, opposite party No. 2 suppressed the material fact that he has got one criminal antecedent and thus, succeeded in getting bail by misleading the

Patna High Court CR. MISC. No.21540 of 2022(2) dt.05-07-2023 2/2 Court.

However, learned counsel for the State opposes the application and submits that from perusal of the order dated 14.02.2022, it is apparent that no such submission was ever made on behalf of the opposite party No. 2 neither it was the ground on which opposite party No. 2 was granted bail. Considering the aforesaid facts and circumstances of the case, this application stands dismissed.

(Prabhat Kumar Singh, J) Navya/- U T