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Patna High CourtCR. MISC./42229/2019dismissed

Anita Devi v. The State Of Bihar

2020-02-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42229 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ANITA DEVI Wife of Kishore Patel Resident of Village - Baidyanathpur Khap, Sahebganj, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sujit Patel Son of Shiv Chandra Patel Resident of Village - Baidyanathpur Khap, Sahebganj, Dist.- Muzaffarpur.

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

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-02-2020 This application has been filed for cancellation of bail granted to opposite party nos. 2 by learned 9the Additional Sessions Judge, Muzaffarpur, vide order dated 20.02.2019 passed Sahebganj P.S. Case No. 59 of 2019, registered for offences punishable under Sections 341, 323, 324, 308, 313/34 of the Indian Penal Code.

Submission of learned counsel for the petitioner is that there were several injuries found on the persons of the injured but the learned Additional Sessions Judge without considering the same has enlarged opposite party no. 2 on bail. Heard learned A.P.P. and perused the impugned order, from which, it appears that the learned Sessions Judge after

Patna High Court CR. MISC. No.42229 of 2019(4) dt.26-02-2020 2/2 considering that there is no specific allegation of assault and there is case and counter case between the parties and also after considering that opposite party no. 2 is in custody for a month, has granted bail to opposite party no. 2. Further, there is no allegation against opposite party no. 2 of misuse of privilege of bail, tampering with the evidence or of their any chance of his absconding in this case.

Considering the submissions as above, I find no merit in this application, same is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T