Patna High CourtCR. MISC./52545/2015dismissed

Parmila Devi v. State Of Bihar And ANR

2016-05-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52545 of 2015 Arising Out of PS.Case No. -838 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Parmila Devi Wife of Anil Nut Resident of Village - Nibua Bazar, Nawaka Tola, Vijaypur, Police Station - Pipra, District - Kushinagar Uttar Pradesh at present resident of Village - Pakarihar, Police Station - Chanpatia, District - West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar

2. Anil Nut Son of Rasid Nut Resident of Village - Nibua Bazar, Nawaka Tola Vijaypur, P.S. - Pipra, District - Kushinagar (Uttar Pradesh). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Gupta, Advocate.

For the Opposite Parties : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed this petition for cancellation of anticipatory bail granted to Opposite Party No. 2 on 04.05.2015 vide order passed in Cr. Misc. No. 52216 of 2014. It is submitted that on concealment of facts the Opposite Party No. 2 has been granted anticipatory bail. It is further submitted that petitioner has duly solemnized marriage with Opposite Party No. 2. The Mukhiya of Gram Panchayat has given certificate to this effect that Anil Nut was married with the petitioner on 04.12.2012.

Patna High Court Cr.Misc. No.52545 of 2015 (2) dt.04-05-2016 2/2 It appears that notices were issued to the petitioner. The petitioner received the notice but even thereafter she did not appear. The Opposite Party No. 2 has very categorically denied his marriage with the petitioner and on such he was granted anticipatory bail.

Considering the facts aforesaid, I do not find any reason to cancel the anticipatory bail granted to the opposite party no. 2 in Complaint Case No. 838-C of 2013 in the court of the Learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran. Accordingly, the application for cancellation of anticipatory bail is dismissed.

(Prabhat Kumar Jha, J.) KKSINHA/- U T