Patna High CourtCR. MISC./32249/2016dismissed

Rekha Devi v. The State Of Bihar And ORS

2016-12-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32249 of 2016 Arising Out of PS.Case No. -405 Year- 2013 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Rekha Devi W/o Late Manoj Thakur, resident of Village- Rani Sakarpura, P.S.- Gangaur, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shabbir @ Md. Shabbir @ Md Sabir

3. Md. Azam S/o Md. Kalam Both resident of Village- Ran Sakarpura, P.S.- Gangaur, District- Khagaria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2016 The Opposite parties No. 2 and 3 are accused in Khagaria (Gangour) P.S. Case No. 405 of 2013, registered for the offences punishable under Section 378(g) of the Indian Penal Code. By an order dated 07.11.2014, they were granted regular bail by the Court of learned First Additional Sessions Judge, Khagaria.

This application for cancellation of bail has been filed by the informant mainly on the ground that the Court below while granting bail did not appreciate the fact that anticipatory bail of the Opposite party No.2 was rejected by an order dated 21.05.2014 passed by this Court in Criminal Misc. No. 2346 of 2014. In the

application motive has also been imputed against the Court below for granting regular bail to the Opposite parties No. 2 and 3. The Court at the very outset deprecates the irresponsible conduct of the petitioner in making irresponsible imputation in the application, without any basis, against the Judicial Officer. In my opinion, learned Counsel while drafting the petition should also have been more cautious. Secondly, the Opposite parties were granted regular bail on 07.11.2014. There is no whisper in the application for cancellation of bail of any misuse of privilege of bail so allowed.

Considering the above, though the application has been listed under the heading for "Orders", it is being disposed of at this stage itself.

This application has no merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U