Shiv Shankar Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.375 of 2016 Arising Out of PS. Case No.-292 Year-2010 Thana- BRAHMPUR District- Buxar ====================================================== Shiv Shankar Prasad, Son of Sri Badal Prasad, resident of Village: Raja Bazar, Bihia, P.S: Bihia District: Bhojpur, at Ara.

... ... Petitioner/s

Versus

1. The State of Bihar. null null

2. Janki Devi, Wife of Shiv Shankar Prasad, D/o Hari Narayan Sah, resident of Village & P.S.: Brahampur, District: Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Respondent/s :

Mr. AJAY KR.JHA(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-03-2018 It has been submitted on behalf of the petitioner that on all the dates the petitioner had been making Pairvi in connection with Brahmpur P.S. Case No. 292 of 2010 but for his absence on one day only, the court below has cancelled the bail bonds vide order dated 20.02.2016.

Learned counsel for the petitioner has shown to this Court that on that particular day, the petitioner was required to be present in another court for a proceeding which was brought about by his

Patna High Court CR. REV. No.375 of 2016(2) dt.27-03-2018 2/2 wife/opposite party no. 2 in a different forum. Considering the fact that the bail bond was cancelled only on non-appearance of the petitioner on a particular day, the order dated 20.02.2016 is set aside. The non-bailable warrant of arrest which has been issued is also quashed.

The petitioner is directed to appear before the court below on the next date fixed by the court. Accordingly, the petition is allowed.

(Ashutosh Kumar, J) krishna/- U T