Rinki Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20821 of 2014 Arising Out of PS.Case No. -3464 Year- 2010 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Rinki Devi .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-10-2016 Heard learned counsels for the petitioner-informant and the State.

The present application has been filed for cancellation of bail, granted to opposite party no. 2 being the husband of the petitioner-complainant vide order dated 24.12.2013 in Criminal Miscellaneous No.39348/2013 in connection with Complaint Case No.3464/2010, pending in the Court of learned SDJM, Vaishali at Hajipur wherein process has been directed to be issued after cognizance being taken under sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The opposite party no.2 being husband of petitioner-complainant was granted provisional anticipatory bail for one year, on submission to keep her as wife with full dignity

Patna High Court Cr.Misc. No.20821 of 2014 (2) dt.26-10-2016 2/3 and honour also both sides agreed to appear before the learned Court below on 20.01.2014 when opposite party no.2 was to take the petitioner-complainant to keep her as wife. The provisional anticipatory bail of opposite party no.2 was to be confirmed by the learned Court below in three eventualities if the matrimonial harmony is restored substantially within one year or the complainant gets reluctant to reconcile the issue or she fails to appear before the learned Court below.

It is submitted by learned counsel for the petitionercomplainant that opposite party no.2 failed to comply the undertaking given before this Court.

It appears that the period of provisional bail has lapsed on 23.12.2014, hence, the opposite party no.2 is no longer on provisional bail.

It is further submitted by learned counsel for the petitioner-complainant that there is nothing on record to suggest that the provisional bail of opposite party no.2 has been confirmed by the learned court below.

In the circumstances, the present application for cancellation of provisional bail of opposite party no.2 has become infructuous and accordingly, it is disposed of. Let the learned Court below pass appropriate order in

Patna High Court Cr.Misc. No.20821 of 2014 (2) dt.26-10-2016 3/3 the matter.

(Dinesh Kumar Singh, J) Ashwini/- U T