Shail Kumari Devi @ Shail Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70434 of 2019 In CRIMINAL MISCELLANEOUS No.25111 of 2019 Arising Out of PS. Case No.-193 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHAIL KUMARI DEVI @ SHAIL DEVI Wife of Doma Sah, D/O - Panchu Sah Resident of Village - Kohbarwa, P.S.- Shikarganj, District- East Champaran at present residing at Parewa, P.S.- Shikarganj, District- East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Doma Sah Son of Jagarnath Sah Resident of Bataua Kokbarwa, P.S.- Shikarganj, District- East Champaran.

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 This application has been filed for modification of order dated 28.08.2018 passed in Criminal Misc. No.25111 of 2019 which has been disposed of with certain directions and from perusal of the above order it appears that petitioner shall surrender before the learned court below by 06.09.2019 with a bank draft of Rs. 50,000/- in favour of the opposite party No.2 and on that day, he will be released on provisional bail for a period of two months. During that period, the petitioner will pay the rest of the amount in two equal installments of each by bank draft to the opposite party No. 2. Once, the total amount is paid,

Patna High Court CR. MISC. No.70434 of 2019(2) dt.06-11-2019 2/2 the bail bonds of the petitioner shall be confirmed. The aforesaid bank draft be handed over to the opposite party No. 2 complainant.

Submission of learned counsel for the petitioner is that petitioner who is opposite party No. 2 in the Criminal Misc. No. 25111 of 2019 has not given her consent to her counsel for one time settlement and without her consent such order has been passed and she is ready to reside with the O.P. No. 2. Having heard both sides, it appears that in presence of counsels of both parties such order has been passed, as such I am not inclined to interfere with the order passed vide order dated 28.08.2019 passed in criminal Misc. No. 25111 of 2019. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) T.Kr./- U T