Punam Kumari @ Punam Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50933 of 2018 Arising Out of PS. Case No.-1 Year-2016 Thana- HAJIPUR District- Vaishali ====================================================== Punam Kumari @ Punam Gupta /o Rohit Kumar Ujwal @ Suman Kumar Gupta, Resident of Village- Pokhar Muhalla, P.S.- Hajipur, District- Vaishali. at present D/o Raj Kishore Sah Village- Sahbajpur Patwa, P.S.- Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Rohit Kumar Ujwal @ Suman Kumar Gupta, Son of Gauri Shankar Gupta, Resident of Village- Pokhar Muhalla, P.S.- Hajipur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 This application has been filed for cancellation of anticipatory bail granted to opposite party no. 2 by learned Chief Judicial Magistrate, Vaishali at Hajipur, vide order dated 13.12.2016 passed in Hajipur Town P.S. Case No. 01/2016, registered for offences punishable under Sections 498(A), 494, 323 and 34 of the Indian Penal Code.

It further appears that petitioner has moved before learned Sessions Judge and his application has also been disposed of and opposite party no. 2 was directed to pay some amount and the same has also been received by the petitioner. Submission of learned counsel for the petitioner is that learned Sessions Judge has not considered the ground of

Patna High Court CR. MISC. No.50933 of 2018(3) dt.24-02-2020 2/2 cancellation of bail and he has passed the order directing the opposite party no. 2 to pay some amount.

Heard learned A.P.P. also.

Considering the facts and circumstances, though, I am not inclined to interfere with the order dated 13.12.2016 passed by the learned Chief Judicial Magistrate, Vaishali at Hajipur, however, petitioner will be at liberty to approach the learned Sessions Judge, Vaishali at Hajipur, if there is any ambiguity in the order dated 12.03.2018 passed in Miscellaneous Case No. 08/2017 and if any petition is filed, learned Sessions Judge will consider the same and will pass any appropriate order. This application stand disposed of.

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