Awanti Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50553 of 2015 Arising Out of PS. Case No.-219 Year-2014 Thana- MAHILA P.S. District- Bhojpur ====================================================== Awanti Devi Wife of Sanjay Kumar Singh, Daughter of Deena Nath Singh, Resident of Village- Gahara, P.S.- Udwantnagar, District- Bhojpur at Ara Bihar ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Sanjay Kumar Singh @ Sanjay Yadav Son of Bhuneshwar Singh, Resident of Village- Sarathua, P.S.- Udwant Nagar, District- Bhojpur at Ara Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.L.K.Sharmaapp ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsels for the petitioner and the State.

The present application has been filed for cancellation of provisional bail granted to opposite party no.2, vide order dated 11.03.2015, passed in Cr. Misc. No. 9256 of 2015, in connection with Bhojpur Mahila P.S. Case No. 219 of 2014, registered for the offences punishable under Sections 498A, 379 and 323/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that vide order dated 11.03.2015, passed in Cr. Misc. No. 9256 of 2015, opposite party no.2 was granted provisional anticipatory bail for

Patna High Court CR. MISC. No.50553 of 2015(3) dt.04-03-2020 2/2 one year on submission and statement made in the petition that the opposite party no.2 is ready to keep the petitioner as wife with full dignity and honour, but it is the opposite party no.2 who did not comply the undertaking given by him while granting bail.

It appears that the provisional bail of the petitioner was to be confirmed in three eventualities, (I) if the matrimonial harmony is substantially restored, or (II) if the complainant fails to appear before the learned Court below or (III) if the complainant gets reluctant to reconcile the issue. However, learned counsel for the petitioner submits that the provisional bail of the petitioner has never been confirmed. In the circumstances, opposite party no.2 is no longer on provisional bail, hence the present application has become infructuous.

Accordingly, the present application is disposed of. Let the learned Court below pass appropriate orders for appearance of opposite party no.2.

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