Manisha Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50004 of 2014 Arising Out of PS.Case No. -40 Year- 2014 Thana -MAHILA PS District- DARBHANGA ======================================================

1. Manisha Choudhary D/o Manmohan Choudhary Resident of Village - Yamsam, P.S. - Pandaul, District - Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ashish Narayan Jha S/o Dr. Shree Narayan Jha Resident of Mohalla - Balbhadrapur, P.S. - Laheriasarai, District - Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Prasad Singh No-2 For the Opposite Party : Mr. Ajay Kumar Thakur For the State : Mr. U.L. Verma(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the O.P. No. 2 as well as learned Additional Public Prosecutor for the State.

The petitioner seeks cancellation of order dated 04.08.2014 passed in Cr. Misc. No. 24408 of 2014. The grounds urged by learned counsel for the petitioner are that the order dated 04.08.2014 has been obtained on the basis of false submissions made by the petitioner therein. The other ground urged is that after the filing of the present case in which the petitioner had sought and obtained bail, the opposite party and his father had filed several cases against the family members of the present petitioner and also the witnesses.

Having perused all the documents which has been

Patna High Court Cr.Misc. No.50004 of 2014 (10) dt.17-02-2016 P2/2 annexed with the present cancellation application, this Court finds that, in fact, the allegation that the order was obtained on false premise does not stand substantiated as the money exchanged hands but prior to the filing to the application in which the O.P. No. 2 had taken bail. So far as allegation regarding the torture being meted out by O.P. No. 2 to the family members and other witnesses after perusal of the documents annexed, it transpires that all such cases were lodged prior to the order being passed by this Court. It was only after due consideration of aforementioned of facts and circumstances that this Court had passed order granting regular bail to the petitioner of Cr. Misc. No. 24408 of 2014 and also because the petitioner had already stayed in custody for about four months.

As such, this Court is not inclined to entertain this cancellation application. It is accordingly, dismissed. (Anjana Mishra, J) Saif/- U T