Kalpana Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28096 of 2016 Arising Out of PS.Case No. -516 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Kalpana Kumari, wife of Mithilesh Kumar, Daughter of Mithilesh Sah, Resident of Village- Dharharwa, P.S.- Parihar, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mithilesh Kumar, Son of Naresh Prasad R/o- village- Majhauli, Mehammadpur, @ Purbi Bazar, P.S- Sarai, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard both sides.

The petitioner/wife has filed this petition for cancellation of provisional bail granted to opposite party No.2/ husband vide order dated 13.05.2015 passed in Cr. Misc. No. 15138 of 2015.

The opposite party No.2/ husband was granted provisional bail after hearing the learned counsel for the complainant/ wife that wife was ready to live with her husband and the learned court below was directed to make all efforts for conciliation of the dispute between the husband and wife and if the dispute is resolved the learned court below was directed to

Patna High Court Cr.Misc. No.28096 of 2016 (2) dt.23-11-2016 2/2 confirm the provisional bail granted to the husband but till date no order on the provisional bail has been passed by the learned court below.

Hence, I do not find any ground to cancel the provisional bail granted to the husband. Accordingly, the petition is rejected.

The learned court below is directed to pass order on the provisional bail of the husband within two months, allowed in pursuance of the order dated 13.05.2015.

(Prabhat Kumar Jha, J) BKS/- U T