Tabsum Praveen v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48373 of 2016 Arising Out of PS.Case No. -252 Year- 2016 Thana -BUXAR COMPLAINT CASE District- BUXAR =====================================

1. Tabsum Praveen wife of Sahnaj Alam @ Sahnawaj Alam @ Sonu @ Sahnaj Awam daughter of Md. Mahmood Alam resident of village Chaugai, Police Station Murar, District Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sahnaj Alam @ Sahnawaj Alam @ Sonu @ Sahnaj Awam son of Md. Mahmood Alam

3. Mahmood Alam son of Late Virahim @ Late Md. Ibrahim @ Late Ibrahim Mia

4. Gajjala Praveen daughter of Mahmood Alam Opposite party Nos. 2 to 4 residing of village Chaugai, Police Station Murar, District Buxar, at present residing at 7/1 Alam Misty Lane Howrah, Police Station Golwari Howrah, Pin 711101, East Bengal.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Shivendra Kr. Sinha For the Opposite Party/s : Mr. Satyendra Pd. (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2016 Heard the parties.

The petitioner is the wife of opposite party No. 2.

Patna High Court Cr.Misc. No.48373 of 2016 (2) dt.13-12-2016 2/2 She seeks cancellation of anticipatory bail granted to opposite party Nos. 2 to 4 by learned Sessions Judge, Buxar, vide an order, dated 05.09.2016, in connection with Complaint Case No. 252(C) of 2016, for the offences alleged under Section 498A of the Indian Penal Code. Opposite party Nos. 3 and 4 are father-in-law and sister-in-law of the petitioner, respectively.

The sole ground, which is being taken to assail the order passed by the learned Sessions Judge, granting opposite party Nos. 2 to 4 the privilege of anticipatory bail, is that in a complaint case, anticipatory bail ought not to have been entertained since only summonses were issued to opposite party Nos. 2 to 4.

On this technical ground, considering the nature of dispute between the parties, I am not inclined to cancel the privileges of bail granted to opposite party Nos. 2 to 4. I do not find any merit in this application.

This application is, accordingly, rejected.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T