Rina Devi @ Reena Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60202 of 2023 Arising Out of PS. Case No.-1714 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RINA DEVI @ REENA KUMARI WIFE OF SHAILENDRA KUMAR RESIDENT OF MOHALLA - MUSALAHPUR, CHAI TOLA, CHANDRAVANSI LANE, P.O. - MAHENDRU, P.S. - KADAMKUAN, DISTRICT - PATNA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SHAILENDRA KUMAR SON OF LATE MAHAVIR PRASAD RESIDENT OF VILLAGE - DUJRA DEVI STHAN, P.S. - BUDHA COLONY, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Mohan Kumar For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2024
1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the O.P. No. 2.
2. The learned counsel for the petitioner submits that the instant application has been filed seeking cancellation of the anticipatory bail granted to the O.P. No. 2 herein by an order dated 08.03.2019 in Criminal Miscellaneous No. 75375 of 2018.
3. The learned counsel for the petitioner submits that petitioner is the wife of the O.P. No. 2. It is next submitted that O.P. No. 2 had moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 75375 of 2018 and the
Patna High Court CR. MISC. No.60202 of 2023(3) dt.28-08-2024 2/3 learned Single Judge by an order dated 08.03.2019 was pleased to grant the privilege of anticipatory bail to the O.P. No. 2 with a condition that he will make payment of Rs. 7,000/- per month to the petitioner from April, 2019 by depositing the same in the bank account of the petitioner herein by second week of every succeeding month.
4. The learned counsel appearing on behalf of the petitioner submits that the O.P. No. 2 herein accepted the said condition based on which he was granted the privilege of anticipatory bail, but then has paid only Rs. 7,000/- till date and thereafter has not paid a single farthing and is enjoying the privilege of anticipatory bail by breaching the orders of this Court dated 08.03.2019 in Criminal Miscellaneous No. 75375 of 2018.
5. The learned counsel appearing on behalf of the O.P. No. 2 is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that O.P. No. 2 herein, after being released on anticipatory bail, has paid only one installment of Rs. 7,000/-.
6. The conduct of the O.P. No. 2 herein is reprehensible for the reason that he is enjoying the privilege of anticipatory bail, but then is defying the condition of bail.
Patna High Court CR. MISC. No.60202 of 2023(3) dt.28-08-2024 3/3
7. Accordingly, the anticipatory bail granted to the O.P. No. 2 herein by order dated 08.03.2019 in Criminal Miscellaneous No. 75375 of 2018 is hereby cancelled.
8. Let a copy of this order be sent to the Senior Superintendent of Police, Patna for his perusal and necessary action.
9. Accordingly, the present cancellation application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T