Patna High CourtCR. MISC./27760/2017dismissed

Sarita Devi @ Sarita Kumari v. State Of Bihar And ANR

2017-07-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27760 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -MAHILA P.S. District- SHEOHAR ====================================================== Sarita Devi @ Sarita Kumari, wife of Sunil Sah, daughter of Binod Kumar, resident of Village- Belahiya, Police Station- Tariyani, District- Sheohar at present resident of Village- Sosaula Khurd, Police Station- Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunil Sah @ Sunil Kumar, son of Binod Sah, Resident of Village- Belahiya, Police Station- Tariyani, District- Sheohar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2017 Heard Sri Devendra Kumar Singh, learned counsel for the petitioner and Sri Md. Fahimuddin , learned Additional Public Prosecuto .

The petition has been filed for cancelling the bail order dated 07.12.2016 passed in Cr. Misc. No. 48904 of 2016 whereby the opposite party no. 2/ husband of the petitioner was extended the privilege of anticipatory bail. By order dated 05.07.2017 this court had directed to list this case along with the record of earlier petition i.e. Cr. Misc. No. 48904 of 2016, which has been kept on record. On perusal of the record it is evident that after grant of anticipatory bail, on prayer made by the wife/ petitioner the

Patna High Court Cr.Misc. No.27760 of 2017 (4) dt.26-07-2017 2/2 matter was directed to be listed and on 22.02.2017 learned counsel for the husband/ petitioner in Cr. Misc. No. 48904 of 2016 had informed that in view of undertaking given, the husband has already withdrawn the divorce case. Thereafter , finally, the prayer for recall of order of grant of anticipatory bail dated 07.12.2016 was rejected in Cr. Misc. No. 48904 of 2016 itself and thereafter, the present petition has been filed. I do not find any ground to entertain such petition.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T