Binda Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50495 of 2018 Arising Out of PS. Case No.-33 Year-2018 Thana- DHANSOI District- Buxar ====================================================== Binda Devi W/o Ganesh Chaudhary, R/o Vill.- Chakia Tola, P.S.- Dhansoi, District- Buxar.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Ramashray Singh S/o Ramraj Singh, R/o Vill.- Chakia Tola, P.S.- Dhansoi, District- Buxar.

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

For the Petitioner/s :

Mr.Prakash Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2020 Heard the parties.

This application has been filed for cancellation of bail granted to O.P.no.2 , vide order dated 2.7.2018 passed in B.P.No.235 of 2018 in connection with Dhansoi P.S.case No.33 of 2018 under Section 302/34 of the Indian Penal code. Grounds for cancellation of bail is that O.P.no.2 has several criminal antecedent and he is accused in cases of kidnapping and murder of the son of the petitioner but without considering the same, bail has been granted to O.P.no.2. Further allegation is that after release he is threatening the petitioner also, for which he has filed a complaint before the ACJM also . Heard learned APP and perused the order granting

Patna High Court CR. MISC. No.50495 of 2018(3) dt.02-03-2020 2/2 bail to the petitioner, from which it appears that the Addl. Sessions Judge has considered the materials available in the case diary and also considering the fact that general allegations are against 21 accused persons of assault and also considering that there is chance of false implication also, granted bail to O.P.no.2. It further appears from perusal of the record that there is no inquiry report available on the record in support of the case of threatening of the petitioner by the O.P.no.2. Having heard both sides and also considering the above, I am not inclined to interfere with the order granting bail to O.P.no.2 Accordingly, this application is dismissed.

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