Ganga Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21862 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Ganga Paswan, son of Late Ramdhani Das, R/o Village- Rampur Baiganabad, P.S.- Biharsharif, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar.

2. Mithilesh Kumar, S/o Sri Ramprit Das, R/o Village- Uttarnama, P.S.- Rahui, District- Nalanda. Presently posted as an Accountant in the Accountant General Office, Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and the learned counsel for the Opposite Party.

Opposite Party No.2 was granted bail vide Cr. Misc. No. 15332 of 2017 vide order dated 07.04.2017, taking into account that the divorce decree was passed in favour of the Opposite Party No.2, on 27.05.2014, under Section 13B of the Hindu Marriage Act. Thereafter the petitioner had filed the present F.I.R. against the opposite party no.2, in the year 2017. The Opposite Party No.2 had further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors Vs. The State of Bihar, reported in 2006(3) PLJR

Patna High Court Cr.Misc. No.21862 of 2017 (3) dt.17-05-2017 2/2 182.

The petitioner has failed to make out any case for cancellation of bail under Section 439(2) of the Cr.P.C against the Opposite Party No.2.

Finding no merit in the present application, the same is dismissed.

(Sudhir Singh, J) Amit/- U T