Chandana Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50147 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -SC/ST PS District- SUPAUL ====================================================== Chandana Kumari W/o Shri Manoj Kumar Rajak Resident of VillageChakla Nirmali Ward No. 7, P.S. Supaul, District Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Manoj Kumar Jha S/o late Pramod Kumar Jha Resident of Village- Bina Babhangama, P.S. Supaul, District Supaul.

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s : Mr. Binay Krishna, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-12-2016 Opposite Party No. 2 has been made accused in a case registered for the offences punishable under Sections 341, 323, 354, 504 and 506 of the Indian Penal Code and 3 (i) (x) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act'). He has been granted privilege of anticipatory bail by an order dated 22.09.2016 passed by the learned Sessions Judge, Supaul recording that no case under the Act appear to be made out. There is no allegation that after having been released on bail, the Opposite Party No. 2 has misused the privilege of bail. Secondly, the observation made by the learned single Judge, Supaul in the order dated 22.09.2016 that no offence is made out

Patna High Court Cr.Misc. No.50147 of 2016 (2) dt.06-12-2016 2/2 under the Act is only tentative in nature and shall not prejudice any party at the trial.

I do not find it to be a fit case for exercise of powers under Section 439 (2) of the Cr.P.C by cancelling the bail granted to the Opposite Party No. 2 This application is accordingly, dismissed.

(Chakradhari Sharan Singh, J) Prakash/- U T