Patna High CourtCR. MISC./15134/2018dismissed

Rajiya Sahin v. State Of Bihar And ANR

2018-03-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15134 of 2018 Arising Out of PS.Case No. -160 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. RAJIYA SAHIN, wife of Late Mahamad Naruddin, resident of VillageLadaura, P.S.- Kudhani, District- Muzaffarpur, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramu Uchit Bhagat, son of Late Banarsi Bhagat, resident of VillageLadaura, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Pandey For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2018 Heard the parties.

This is prayer for cancellation of bail granted to Opposite No.2 (Ramu Uchit Bhagat) on the ground that he has not mentioned criminal antecedent in his petition bearing Cr. Misc. No.46855 of 2017, in which he has been granted bail by this Court vide order dated 7.11.2017.

Submission of the learned counsel for the petitioner is that Opposite Party No.2 has concealed the fact of criminal antecedent, while granted bail and he is also threatening the petitioner and for that he has filed an informatory petition, however, he has admitted that there was no finding on the informatory petition.

Patna High Court Cr.Misc. No.15134 of 2018 (2) dt.21-03-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, as there is no finding on the informatory petition and there is nothing else against the petitioner that he has misused the privilege of bail or tried to tamper with the evidence though he has been granted bail 4 months ago. In such a situation, I am not inclined to interfere with the bail already granted to Opposite Party No.2. With the aforesaid order, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T