Patna High CourtCR. MISC./64/2014dismissed

Anila Kumari v. The State Of Bihar And ORS

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64 of 2014 Arising Out of PS.Case No. -64 Year- 2013 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anita Kumari Daughter Of Sahdeo Prasad .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-10-2016 Heard learned counsels for the petitioner-informant and the State.

The present application has been filed for cancellation of bail, granted to opposite party nos. 2 to 4 being parents and the brother of the husband of the petitioner-informant vide order dated 09.10.2013 in Criminal Miscellaneous No.35950/2013 in connection with Kesaria P.S.

Case No.64/2013, pending in the Court of learned CJM, Motihari. Basic accusation is of torture for non-fulfillment of dowry demand. The opposite party nos.2 and 4 were grated anticipatory bail in case registered for the offences punishable under sections 498A, 341, 323 and 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, on submission that the husband of the petitioner-informant is ready to keep her as

Patna High Court Cr.Misc. No.64 of 2014 (2) dt.26-10-2016 2/2 wife with full dignity and honour and the accusation against them is omnibus and general.

It is submitted by learned counsel for the petitionerinformant that her husband failed to comply the undertaking given before this Court, though she has not filed any application for cancellation of bail of her husband.

There is nothing on record to suggest that opposite party nos. 2 to 4 have misused the privilege of bail In view of this Court, the parameters for grant of bail and its cancellation are quite different. Hence, this Court is not inclined to interfere.

Accordingly, the cancellation application is disposed of.

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