Vinita Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55916 of 2018 Arising Out of PS. Case No.-259 Year-2014 Thana- CHANDI District- Nalanda ====================================================== Vinita Devi Wife of Bikash @ Bikash Kumar @ Pintu Singh @ Pintu Kumar, Daughter of Dani Singh, Resident of Village- Tandapur, Police Station- Wena, District- Nalanda, at present resident of Village- Sargaon, Police StationNoor Sarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Bikash @ Bikash Kumar @ Pintu Singh @ Pintu Kumar, Son of Suresh Singh, Resident of Village- Tandapar, Police Station- Wena, DistrictNalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 This application has been filed for cancellation of bail granted to opposite party no. 2 by the then coordinate Bench of this Court, vide order dated 02.03.2016 passed in Criminal Miscellaneous No. 52032 of 2014 in a case registered for offences punishable under Sections 498(A), 323, 341, 504/34 of the Indian Penal Code, whereby and whereunder the provisional anticipatory bail granted to the petitioner vide order dated 06.01.2015 has been confirmed.

Submission of learned counsel for the petitioner is that the petitioner after his release in this case, solemnized second marriage with another lady, as such, he has violated the

Patna High Court CR. MISC. No.55916 of 2018(6) dt.24-02-2020 2/3 condition imposed on him vide order dated 06.01.2015, as such, petitioner has moved for cancellation of his bail. Heard learned A.P.P. as well as learned counsel for opposite party no. 2. Learned counsel for opposite party no. 2 has submitted that with regard to the allegation that opposite party no. 2 has solemnized second marriage, the petitioner has also filed another case, in which, he has been granted the privilege of bail and after that he has now come for cancellation of anticipatory bail of the petitioner.

Heard the parties and peruse the order dated 06.01.2015, from which, it appears that on condition that opposite party no. 2 will deposit Rs. 750/- per month firstly within fifteen days of the release on bail and subsequently by 15th of every month, the petitioner was granted provisional anticipatory bail and, thereafter on submission of opposite party no. 2 that petitioner is living with him, the then coordinate Bench of this Court has confirmed the provisional bail of the petitioner vide order dated 02.03.2016, now the petitioner has come with the allegation that opposite party no. 2 has solemnized second marriage with another lady. Considering the facts and circumstances, I find no merit in this application, same is, accordingly, dismissed.

Patna High Court CR. MISC. No.55916 of 2018(6) dt.24-02-2020 3/3 However, it is made clear that if the payment has not been made to the petitioner as directed by the then coordinate Bench of this Court vide order dated 06.01.2015, he is at liberty to approach the court below.

(Vinod Kumar Sinha, J) sunilkumar/- U T