Rikku Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53383 of 2016 Arising Out of PS.Case No. -144 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Rikku Devi, Wife of Chandan Kumar Singh, Resident of Village - Bahorna, P.S. - Belhar (Khesar), District - Banka.

.... .... Petitioner

Versus

1. The State of Bihar

2. Vijay Singh @ Bijo Singh @ Bijay Prasad Singh, Son of Late Karu Singh, Resident of Village - Bahorna, P.S. - Belhar (Khesar), District - Banka.

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

For the Petitioner : Mr. Ajit Kumar Singh, Advocate.

For the Opposite Parties : Mr. Satyendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2017 Heard both sides.

The petitioner filed this petition for cancellation of bail of opposite party no. 2 Vijay Singh @ Bijo Singh @ Bijay Prasad Singh who was granted bail vide order dated 02.09.2016 passed in Cr. Misc. No. 27943 of 2016.

Learned counsel for the petitioner submits that the petitioner Vijay Singh @ Bijo Singh @ Bijay Prasad Singh after being released on bail misused the privilege of bail by threatening the witnesses. The informant filed petition before the S.P., Banka but, it appears that the petitioner was granted bail on the ground that the petitioner was not named in the FIR even the informant did not name the petitioner in her subsequent statement. After

Patna High Court Cr.Misc. No.53383 of 2016 (3) dt.03-05-2017 2/2 death of Kapildeo Singh, Wife of Kapildeo Singh named the petitioner along with 16 other persons but, the informant named only nine persons in the FIR. Even the wife of the deceased did not make any specific allegation of assault against the petitioner. It appears that there is no sufficient material to infer that the petitioner anywhere misused the privilege of bail or made an attempt to tamper with the evidence.

Considering the facts aforesaid, I find that no case is made out for cancellation of bail of the petitioner. Accordingly, this petition is dismissed.

(Prabhat Kumar Jha, J.) KKSINHA/- U T