Patna High CourtCR. MISC./35964/2017dismissed

Kumari Pallavi v. State Of Bihar And ANR

2017-08-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35964 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -MAHILA P.S. District- PATNA ======================================================

1. Kumari Pallavi D/o Shri Durga Singh, R/o Mohalla- Road No.1, Jagat Narayan Road, D.K. Chaukari House, P.S.- Kadamkua, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .

2. Vikky Kumar @ Manish Singh @ Manish Kumar, Son of Rajesh Prasad, R/o Mohalla Murtuliganj, P.S.- Mehdiganj, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-08-2017 Heard learned counsel for the parties.

The Opposite party No.2 is accused of the offence punishable under Sections 498A, 307, 379/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The petitioner is the wife of Opposite party No.2. She has filed this application seeking cancellation of bail allowed to Opposite party No.2 by an order, dated 12.06.2017, passed in B.P. No. 1678 of 2017 by learned Additional Sessions Judge-V, Patna in connection with concerned Mahila P.S. Case No. 51 of 2016. Learned counsel for the petitioner has attempted to persuade this Court that considering the gravity of the offence, the Court below ought not to have allowed the Opposite party

privilege of regular bail. He has also submitted that the Opposite party No.2 is threatening the petitioner and pestering the witnesses to withdraw the criminal case.

On perusal of the materials on record and on consideration of the submissions advanced on behalf of the petitioner, I do not find that the case for cancellation of bail is made out. I am, prima facie, of the view that matrimonial discord is the root cause for registration of the First Information Report. This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U