Akhileshwar Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.47771 of 2015 (4) dt.27-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47771 of 2015 Arising Out of PS.Case No. -171 Year- 2014 Thana -JALALPUR District- SARAN ====================================================== Akhileshwar Prasad, Son of Late Kamla Prasad, Resident of VillagePirauna, Police Station- Garkha, District- Saran at Chapra .... .... Petitioner

Versus

1. The State of Bihar

2. Indu Devi, Wife of Paspati Prasad, Resident of Village- Rusi, Police Station- Jalalpur District- Saran at Chapra.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Pramod Ban Bihari Singh, Advocate. For the State : Mr. Parmanand Pd., A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In the present application, the petitioner seeks cancellation of order dated 20.07.2015 passed in Cr. Misc. No. 17667 of 2015, by which opposite party no. 2 Indu Devi was granted bail.

Learned counsel for the petitioner submits that earlier order was passed on wrong submission that the petitioner (Indu Devi) is an old lady aged about 70 years, but Voter ID Card, which has been brought, indicates that the age of opposite party no. 2 is only 38 years old.

However, it is not clear from the Voter ID that when it

Patna High Court Cr.Misc. No.47771 of 2015 (4) dt.27-07-2016 was prepared. Further the petitioner has not brought any specific reason for cancellation of bail application of opposite party no. 2 and also not shown any other compelling circumstance to indicate that opposite party no. 2 Indu Devi has been indulging in tampering of evidence after order of bail was passed by this Court. Considering the aforesaid facts and circumstances of the case and also the Voter ID Card, which has been brought on record and that the petitioner had already undergone period of custody for seven months prior to grant of bail, I am not inclined to cancel the bail of the petitioner(Indu Devi) which was granted earlier.

Thus, the application for cancellation of bail stands rejected.

(Anjana Mishra, J) m.pal U T