Patna High CourtCR. MISC./6714/2015disposed

Soni Kumari v. State Of Bihar And ANR

2016-10-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6714 of 2015 Arising Out of PS.Case No. -70 Year- 2012 Thana -SAHPUR District- PATNA ====================================================== Soni Kumari Wife of Chandradeo Sinha @ Rahul Resident of VillageMathiyapur, P.S.- Shahpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Chandradeo Sinha @ Rahul Son of Uday Narayan Singh Resident of Village- Mathiyapur, P.S.- Shahpur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit For the Opposite Party/s : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-10-2016 None appears.

The present application has been filed for cancellation of bail, granted to opposite party no. 2 vide order dated 23.11.2012 passed in Cr. Misc. No. 40775 of 2012 in connection with Shahpur P.S. Case No. 70 of 2012, pending in the court of learned ACJM, Danapur.

The opposite party no. 2 being the husband of the petitioner-informant was granted provisional anticipatory bail for one year in a case registered for the offences punishable under Sections 341, 323, 498A, 380 the Indian Penal Code and 3/4 of Dowry Prohibition Act, on the submission on behalf of opposite party no. 2 that he is ready to keep the petitioner-informant as wife

Patna High Court Cr.Misc. No.6714 of 2015 (2) dt.26-10-2016 2/2 with full dignity and honour. The provisional bail was to be confirmed within one year by the learned court below in three eventualities:- (i) if the matrimonial harmony is substantially restored or (ii) if the informant deliberately refuses to reside with opposite party no. 2 or (iii) if the informant fails to appear before the learned court below.

There is nothing on the record to suggest that the provisional bail of opposite party no. 2 has confirmed. It appears that the period of provisional bail has lapsed on 22.11.2013, hence the opposite party no. 2 is no longer on provisional bail.

In the circumstances, the present application for cancellation of provisional bail of opposite party no. 2 has become infructuous and accordingly, it is disposed of. Let the learned court below pass appropriate order in the matter.

(Dinesh Kumar Singh, J) DKS/- U T