Patna High CourtCR. MISC./32178/2016dismissed

Munni Kumari v. State Of Bihar And ANR

2016-12-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32178 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Munni Kumari wife of Pankaj Tiwari, Resident of Village- Jagsari, P.SBind, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pankaj Tiwari, son of Ram Janam Tiwari, Resident of Village- Dhobri, P.O.- Jaitipur Kurwa, P.S.- Ghoshi, District- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2016 Though certain defects have been pointed out by the Registry and the matter has been placed under the heading for "Orders", this application for cancellation of bail is being disposed of at this stage itself, with the consent of the parties. The present application has been filed seeking cancellation of regular bail granted to Opposite party No.2 in Cr. Misc. No. 9681 of 2016 disposed of on 26.02.2016 in connection with Jehanabad P.S. Case No. 19 of 2016, registered for the offences punishable under Sections 323,341,498A, 504, 506 read with Section 34 of the Indian Penal Code.

Petitioner is the wife of Opposite party No.2. It appears that Opposite party No.2 was taken into custody on 09.01.2016

and he was released from jail on 04.03.2016, by virtue of an order of this Court, dated 26.02.2016 passed in the said Cr. Misc. No. 9681 of 2016. This Court while granting the Opposite party No.2 the privilege of regular bail had recorded statement made in paragraph 12 of the bail application that the Opposite party No.2 was ready to keep the petitioner with all dignity. The allegation in the present application seeking cancellation of bail is that after he was released on bail, the Opposite party No.2 visited parental house of the petitioner and assaulted the mother of the petitioner for which a case has been instituted. Allegation of adultery has also been made in the present application seeking cancellation of bail. There appears to be matrimonial dispute between the petitioner and Opposite party No.2. In such circumstance, in my opinion, cancellation of bail cannot be entertained on such plea.

This application has no merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U