Neha Kumari @ Neha Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35550 of 2016 Arising Out of PS.Case No. -56 Year- 2012 Thana -BAKHRI District- BEGUSARAI ======================================================
1. NEHA KUMARI @ NEHA DEVI d/o Ram Kumar Sharma resident of Village-Bakhodda P.O.- Chadahi, P.S.- Khodawadur, Dist- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar
2. Raju Sharma S/o Baidyanath Sharma resident of Village-Bhamanpur, P.S.- Bakhari, Dist- Begusarai .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anwar Karim For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2017 Heard learned Counsel for the petitioner and learned Additional Public prosecutor representing the State. The petitioner is the wife of Opposite Party No.
2. The Opposite Party No. 2 has been granted regular bail by an order of this Court, dated 10.07.2012, passed in Criminal Misc. No. 23417 of 2012. He has been made accused of offence punishable under Section 498A, 494, 323 read with Section 34 of the Indian Penal Code. Learned Counsel appearing on behalf of the petitioner has drawn my attention to the order, dated 10.07.2012, whereby Opposite Party No. 2 was allowed regular bail by this Court and has submitted that Opposite
Patna High Court Cr.Misc. No.35550 of 2016 (4) dt.13-02-2017 2/3 Party No. 2 has violated the conditions of bail allowed by this Court. He has submitted that Opposite Party No. 2 has solemnized second marriage and, therefore, the bail allowed by this Court should be cancelled.
Following order was passed by this Court while allowing the Opposite Party No. 2 the privilege of regular bail.
"In view of the above, in the event of filing an application stating all such facts and circumstances about nonperformance of second marriage and intention to resume and continue matrimonial relationship with the informant by filing personal affidavit, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.
10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in connection with Bakhri P.S.
Case No. 56/2012, with condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled."
The concession so allowed cannot be cancelled on the plea raised in the present application that the
Patna High Court Cr.Misc. No.35550 of 2016 (4) dt.13-02-2017 3/3 Opposite Party No. 2 has solemnized second marriage, which is a question which can be adjudicated upon before appropriate forum. The submission that Opposite Party No. 2 is not resuming matrimonial relationship and, therefore, the bail bond should be cancelled, cannot be accepted. This application, in my view, is frivolous, deserves to be dismissed.
This application is accordingly dismissed.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √