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Patna High CourtCR. MISC./27133/2018dismissed

Savita Kumari v. State Of Bihar And ANR

2020-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27133 of 2018 Arising Out of PS. Case No.-1245 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Savita Kumari W/o Sri Abhishek Bhan Saurabh, D/o Nokhlal Rai R/o Mohalla - Ramji Chak Yadav Gali, P.S. Digha Town, Distt - Patna. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Abhishek Bhan Shaurabh son of Sri Laxmi Narayan Yadav resident of Mohalla - Shahganj, P.S. Sultanganj, distt - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

Mr.Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 In spite of repeated calls, none has appeared on behalf of the petitioner and on yesterday also, none has appeared on behalf of the petitioner, however, learned counsel for the State and learned counsel for opposite party no. 2 are present.

This application has been filed for cancellation of anticipatory bail granted to opposite party no. 2 vide order dated 06.07.2017 passed in Cr. Misc. No. 24671 of 2017 by the then coordinate Bench of this Court.

Ground for cancellation of anticipatory bail of opposite party no. 2 is that as per direction of this Court, opposite party no. 2 has to pay Rs. 20,000/- to the petitioner by

Patna High Court CR. MISC. No.27133 of 2018(5) dt.03-03-2020 2/2 way of Bank draft but the same has been issued in the name of Savita Kumari, though her name is Sabita Kumari and as such, the said Bank draft could not be encashed and, thereafter, opposite party no. 2 has not given the amount to petitioner as directed by the court and opposite party no. 2 has violated the order passed by this court on 06.07.2017 in Cr. Misc. No. 24671 of 2017.

Heard learned A.P.P. as well as learned counsel appearing on behalf of opposite party no. 2. Learned counsel for opposite party no. 2 has submitted that another draft has already been deposited in the court below on 07.04.2018, which is evident from the order of learned S.D.J.M.,l Patna. Considering the above facts, I find no merit in this application, same is accordingly dismissed.

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