Patna High CourtCR. MISC./54421/2019dismissed

Arti Rathi v. The State Of Bihar

2019-09-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54421 of 2019 Arising Out of PS. Case No.-173 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ARTI RATHI W/o Arun Kumar Rathi Resident of Gurhatta Hamam Road, P.S.- Khajekalan, Town and District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Anil Kumar Bajaj Son of Late Purushottam Bajaj Resident of 302 Venkatesh Apartment, Buddh Marg, P.S.- Kotwali, Town and District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amitabh Sohan For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2019 Heard both sides.

The petitioner has filed this petition for cancellation of anticipatory bail granted to the opposite party No.2. The learned counsel for the petitioner submits that O.P. No.2 was granted anticipatory bail vide order dated 20.07.2018 passed in Cr. Misc. No. 42422 of 2018 but the O.P. No.2 is not cooperating in the trial. The O.P. No.2 has filed petition under Section 205 of the Code of Criminal Procedure for exemption from his personal appearance. It is submitted that on this ground alone the anticipatory bail granted to the O.P. No.2 is liable to be cancelled but I do not find any substance in the submission of the learned counsel for the petitioner as the

Patna High Court CR. MISC. No.54421 of 2019(2) dt.11-09-2019 2/2 O.P. No.2 was granted anticipatory bail on merit and he has got right to file petition under Section 205 of the Cr. P. C. for exemption from his personal appearance during the course of trial and on that ground the anticipatory bail granted to the O.P. No.2 can not be cancelled.

Having considered the facts aforesaid, I do not find any merit in this petition for cancellation of anticipatory bail and the same is, accordingly, dismissed.

(Prabhat Kumar Jha, J) BKS/- U T