Patna High CourtCR. MISC./21823/2017dismissed

Dinesh Kumar v. State Of Bihar And ANR

2017-06-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21823 of 2017 Arising Out of PS.Case No. -273 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== Dinesh Kumar, Son of Late Visheshwar Mahto, Resident of VillageSurmar Meyari, P.S.- Sarairanjan, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Navin Kumar, Son of Munshi Prasad Singh, Resident of Village- Surmar Mehari, P.O.- Bajitpur Meyari, P.S.- Sarairanjan, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surya Narayan Roy, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks cancellation of anticipatory bail granted to the opposite party No. 2 by this Court vide order dated 22.3.2017 passed in Cr. Misc. 12197 of 2017 on the ground that after being granted anticipatory bail to him, he has given threat to the petitioner.

The charge sheet has also been submitted under Sections 354, 509 of the Indian Penal Code and Section 12 of POCSO Act, 2012.

This Court after perusing the order dated 22.3.2017 passed in Cr. Misc. 12197 of 2017, does not find any reason to interfere with the aforesaid order.

Patna High Court Cr.Misc. No.21823 of 2017 (3) dt.21-06-2017 2/2 Accordingly, the application is dismissed.

The petitioner is however given liberty to file necessary petition before the court below for appropriate action in accordance with law in case the opposite party No. 2 gave threat to him. In the event the petitioner produces sufficient proof and material before the court below in support of such statement, the court below will be at liberty to pass appropriate order in accordance with law to cancel the bail bonds of the petitioner without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T