Madhuri Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23807 of 2016 Arising Out of PS.Case No. -326 Year- 2015 Thana - DUMRAUN District- BUXAR ===================================== Madhuri Devi, wife of Ghanshyam Dubey, Resident of Mohalla- Machharhatta Gali, Dumraon, Police StationDumraon, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kuldeep Saini @ Kuldeep Kumar, son of Suraj Saini, Resident of Mohalla- Machharhatta Gali, Dumraon, Police Station- Dumraon, District- Buxar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Ahmad Ali (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-11-2016 Heard the parties.

This application has been filed, under Section 439(2) of the Code of Criminal Procedure, seeking cancellation of bail granted to opposite party No. 2 by an order, dated 26.04.2016, passed by the learned Additional District and Sessions Judge-Ist, Buxar, in connection with Dumraon P.S. Case No. 326 of 2015, registered for the

Patna High Court Cr.Misc. No.23807 of 2016 (2) dt.29-11-2016 2/2 offences punishable under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code.

I have perused the application carefully. There is no allegation that after having been released on bail, opposite party No. 2 ever misused the privilege of bail. The bail granted to opposite party No. 2 is being sought to be cancelled on the ground that it was wrongly granted by the learned court below. I do not find it to be a good ground for cancellation of bail, in the facts and circumstances of the present case.

This application is, accordingly, rejected.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T