Rekha Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26538 of 2014 Arising Out of PS.Case No. -143 Year- 2012 Thana -PARBATTA District- BHAGALPUR ====================================================== Rekha Devi, Wife of Late Rajiv Kumar @ Bhawesh @ Khagesh Mandal, R/o Village Raghopur, P.s. Parwatta, District Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Most. Nilam Devi, wife of Late Shiwakant Mandal, resident of villageRaghopur, P.S.-Parwatta, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 28-01-2015 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the learned counsel for the petitioner and the State.
The grievance of the petitioner is that vide order dated 19.09.2013 passed in Cr. Misc. No.33566 of 2013, the opposite party no.2 Most. Nilam Devi was granted bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Naugachia, Bhagalpur/court concerned in Parwatta P.S. Case No.143/2012 after framing of charge, but without framing of charge, the opposite party no.2 was released.
A report was called for from the court of learned 4th
Patna High Court Cr.Misc. No.26538 of 2014 (4) dt.28-01-2015 2/2 Additional Sessions Judge, Naugachia. It has been reported by the learned 4th Additional Sessions Judge, Naugachia, Bhagalpur that due to mistake, opposite party no.2 was released on bail without framing of charge. Later on, the mistake was rectified and she was taken into custody and later on, the charge has been framed and the case is fixed for evidence.
Now, another grievance has been raised by the learned counsel for the petitioner that the opposite party no.2 and her son are threatening the petitioner and the witnesses. In view of the condition imposed in the order dated 19.09.2013 passed in Cr. Misc. No.33566 of 2013 of this Court, the petitioner is at liberty to raise her grievance before the learned trial court, who will act upon in accordance with law. In the result, this application stands disposed of. (Amaresh Kumar Lal, J) V.K. Pandey/- U T