Nafisa Nasnin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44258 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- HATHUA District- Gopalganj ====================================================== Nafisa Nasnin Daughter of Arbiun Khatoon, W/o Razzab Khan, resident of Village- Murera, P.O. P.S.- Hathua, District- Gopalganj. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Police Baitha, S/o Late Ramdhani Baitha, resident of Village- Murera, P.O. P.S.- Hathua, District- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Upadhyay For the Opposite Party/s :

Mr.Sri Chandrasen Prasad Singh ====================================================== 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 learned 1st Additional Sessions Judge, Gopalganj, vide order dated 06.06.2018 passed in Hathua P.S. Case No. 79/2018, registered for offences punishable under Sections 376 and 411 of the Indian Penal Code.

Submission of learned counsel for the petitioner is that the learned Additional Sessions Judge without considering the gravity of the offence as well as the statement of the victim girl recorded under Section 164 Cr.P.C. has granted bail to opposite party no. 2, which is not just and proper. Heard learned A.P.P. and perused the impugned order,

Patna High Court CR. MISC. No.44258 of 2018(5) dt.24-02-2020 2/2 from which, it appears that the learned Additional Sessions Judge after considering the materials available in case diary and also considering that opposite party no. 2 was in custody, has enlarged him on bail. From the record, there is no material to show that he is not cooperating in disposal of trial. Further, there is no allegation against opposite party no. 2 of misuse of privilege of bail or tampering with the evidence or there is any chance of his becoming absconder.

Considering the discussions made above, I find no merit in this application, same is, accordingly, dismissed. (Vinod Kumar Sinha, J) sunilkumar/- U T