Patna High CourtCR. MISC./44465/2016dismissed

Rahmtun Nisha v. State Of Bihar And ANR

2018-09-19Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44465 of 2016 Arising Out of PS.Case No. -601 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Rahmtun Nisha Daughter of Md. Sahbul, Resident of Village- Halbaida (Chharka Tola), Post Office- Roshna, Police Station- Amdabad, DistrictKatihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Wasim Son of Misir Ali, Resident of Village- Halbaida (Chharka Tola), Post Office- Roshna, Police Station- Amdabad, District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Patil For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 19-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for cancellation of bail of opposite party no. 2, Md. Wasim, who being the husband of the complainant, was granted bail vide order dated 21.07.2016 passed in Cr. Misc. No. 22314 of 2016 in connection with Complaint Case No. 601 of 2013, wherein processes were issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, pending in the

Patna High Court Cr.Misc. No.44465 of 2016 (3) dt.19-09-2018 2/3 Court of learned SDJM, Katihar.

Earlier opposite party no. 2 was granted anticipatory bail by this Court on 17.03.2015 vide Cr. Misc. No. 47172 of 2014 on his readiness to make payment of Rs.1500/- per month from April, 2015. The complainant was at liberty to file application for cancellation of bail of opposite party no. 2 in case of non-payment of the undertaken amount. It appears that the bail bond of opposite party no. 2 was cancelled and subsequently he was taken into custody on 02.03.2016. Subsequently, this Court vide order dated 21.07.2016 passed in Cr. Misc. No. 22314 of 2016, granted bail to the opposite party no. 2 consider the period under custody. The present cancellation has been filed on the ground of default in making payment of maintenance amount. Considering the fact that for default in making payment of maintenance amount, the opposite party no.

2 was taken into custody and hence, that cannot be a ground for cancellation of bail of opposite party no. 2. The parameters for grant of bail and its cancellation are quite different. The bail is granted considering the nature of accusation while the bail is cancelled if it is found that the accusation has been granted bail suppression of material facts or has misused the privilege of bail or has indulged in some serious offence, subsequent thereto.

Patna High Court Cr.Misc. No.44465 of 2016 (3) dt.19-09-2018 3/3 Accordingly, this Court does not find any merit in this application and it is dismissed.

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