Khusbhu Kumari @ Khushboo Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70361 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== KHUSBHU KUMARI @ KHUSHBOO KUMARI Wife of Kumar Singh, Resident of Village- Taralahi, P.S. Bahadurpur, District Darbhanga. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Golu Singh @ Akhilesh Singh @ Akhlesh Kumar Singh, Son of Arun Kumar Singh, Resident of Village- Taralahi, P.S. Bahadurpur, District Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 This application has been filed for cancellation of anticipatory bail granted to opposite party No. 2 by learned Sessions Judge, Darbhanga in ABP No. 701 of 2018 by order dated 18.8.2018 in connection with Bahadurpur P. S. Case No. 42 of 2018 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The ground for cancellation of bail is that case is under Section 302 IPC and opposite party No.2 was armed with weapon but in spite of that he has been granted bail. Heard learned APP and perused the impugned order from which it appears that material has come against opposite party No.2 that he along with other accused persons were in

Patna High Court CR. MISC. No.70361 of 2018(2) dt.24-02-2020 2/2 marriage function and several persons were dancing on music and there was huge gathering in which some one fired and there was no eye-witness to the occurrence and there was nothing on the record as to who fired, as such, learned Sessions Judge has granted bail to opposite party No.2 and there is no allegation of misuse of privilege of bail or tampering with the evidence. In view of discussions made above, I find no merit in this application.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T