Kumari Deepshika v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53350 of 2023 Arising Out of PS. Case No.-263 Year-2020 Thana- MANSI District- Khagaria ====================================================== Kumari Deepshika, Wife Of Shri Arun Kumar, Daughter Of Shri Manoj Kumar Singh Resident Of Village - Vasarhgarh Om Prakash Nagar, P.O. - Hatiya, P.S. - Dhurba Tipudana, District - Ranchi (JHARKHAND), Present Residing At Mansi Khutia, Police Station - Mansi, District - Khagaria ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Arun Kumar Son Of Umesh Verma Resident Of Village - Vasarh Garh Om Prakash Nagar, P.O. - Hatiya, P.S. - Dhurba Tipudana, District - Ranchi (JHARKHAND) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for cancellation of bail of O.P. No. 2, who was granted anticipatory bail vide order dated 05.08.2021 in Cr. Misc. No. 32262 of 2021 in connection with Mansi P.S. case No. 263/2020. On behalf of the petitioner, it has been submitted that the petitioner has filed a maintenance case in the Court of Principal Judge, Khagaria and the O.P. No. 2 has also filed a divorce case at Ranchi in the State of Jharkhand. The petitioner has preferred a transfer petition in original Suit No. 304 of 2020

Patna High Court CR. MISC. No.53350 of 2023(2) dt.08-09-2023 2/2 before the Hon'ble Supreme Court for transfer of the divorce case to the Family Court, Khagaria. The said petition was allowed by the Hon'ble Apex Court.

The main grievance of the petitioner is that O.P. No. 2 is not appearing before the Family Court. In the opinion of the Court, the same cannot be a ground for cancelling the bail granted to the O.P. No. 2.

In view of the aforesaid, the petitioner seeks to withdraw the present application with a liberty to pursue the matter before the Court below to expedite the criminal trial. Considering the same, the petitioner is permitted to withdraw the present application with a liberty to make an application before the Court below to expedite the trial of the present case. If any such application is filed, the Court below should consider the same and conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T