Vidyarthi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49786 of 2022 Arising Out of PS. Case No.-81 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== Vidyarthi Yadav Son Of Late Bauk Yadav Resident Of Village - Harpurwa, Naya Basti, P.S.- Yogapatti, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Joniya Devi Wife of Sri Manager Chaudhary Resident of Village - Harpurwa, Naya Basti, P.S.- Yogapatti, District - West Champaran, Bettiah. 3.

Jaymala Devi Daughter of Sri Manager Chaudhary Resident of Village - Harpurwa, Naya Basti, P.S.- Yogapatti, District - West Champaran, Bettiah. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajeet Kumar Bhardwaj For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner, O.P. Nos. 2 and 3 and learned A.P.P for the State. The present petition has been filed by the petitioner for cancellation of bail of O.P. Nos. 2 and 3 who were allowed anticipatory bail vide order dated 26.10.2021 passed in Cr. Misc. No. 39966 of 2020. It is submitted by learned counsel for the petitioner that after grant of anticipatory bail, the O.P.

Patna High Court CR. MISC. No.49786 of 2022(6) dt.19-04-2023 2/3 Nos. 2 and 3 are giving threatening to the petitioner to compromise the case otherwise face consequences. Learned counsel appearing on behalf of O.P.

Nos. 2 and 3 has denied the allegation of the petitioner that opposite parties are threatening the petitioner to compromise the case or give life threatening. It is further submitted that if any threatening is given, the petitioner has proper remedy of approaching the concerned police station for holding enquiry and after enquiry, the police might have submitted enquiry-report before the Sub-Divisional Officer, who, on being satisfied might have initiated preventive proceeding under Section 107 of the Cr.P.C. A counter affidavit to that effect has been filed on behalf of O.P. Nos. 2 and 3.

Considering the fact that anticipatory bail of the O.P. Nos. 2 and 3 were granted on merits and the petitioner has not brought on record any proof with regard to any threat from the O.P. Nos. 2 and 3, this Court is not inclined to entertain the present cancellation

Patna High Court CR. MISC. No.49786 of 2022(6) dt.19-04-2023 3/3 petition.

The petition stands dismissed.

(Sunil Kumar Panwar, J) Shageer/- U T