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Patna High CourtCR. MISC./2608/2023disposed

Jyoti Kumari v. The State Of Bihar

2023-12-15Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2608 of 2023 Arising Out of PS. Case No.-316 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== Jyoti Kumari Wife of Vivek Kumar, D/O Pradeep Singh @ Pradip Singh Presently residing at Kurmi Tola, Maharajganj, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vivek Kumar Son of Satya Narayan Singh Resident of Nepali Nagar, P.O.- Keshri Nagar, P.S.- Rajiv Nagar, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-12-2023 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

This application has been filed for cancellation of bail granted to the opposite party no. 2 vide order dated 04.09.2019 passed in Cr. Misc. No. 15908 of 2019, as contained in Annexure-1.

3.

Learned counsel for the petitioner submits that the bail was granted to the opposite party no. 2 on the ground of mediation report in which both the parties have settled the dispute amicably with the terms and conditions, as contained in mediation report. The opposite party no. 2/husband was also ready to keep his wife/petitioner with full dignity and honour

Patna High Court CR. MISC. No.2608 of 2023(13) dt.15-12-2023 2/2 but the opposite party no. 2 has not comply with the terms and conditions of the mediation report and did not keep his wife. Learned counsel further submits that the opposite party no. 2 has misled the petitioner and this Court.

4.

Learned A.P.P. appearing for the State has not disputed the above submission made on behalf of the petitioner. 5.

Considering the submissions advanced on behalf of the parties, this Court finds that the opposite party no. 2 had not complied with the terms and conditions as mentioned in the mediation report and had fraudulently obtained bail from this Court. Accordingly, the bail granted to the opposite party no. 2 vide order dated 04.09.2019 passed in Cr. Misc. No. 15908 of 2019 is, hereby, cancelled.

6.

The application stands allowed.

(Arvind Srivastava, J) utkarsh/- U T