Punita Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11437 of 2018 Arising Out of PS. Case No.-159 Year-2016 Thana- MAHILA P.S. District- Bhojpur ====================================================== Punita Devi, W/o Rajesh Kumar Roy, R/o Vill. Balbandh, P.S. Charpokhari, District - Bhojpur at Ara.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Rajesh Kumar Roy @ Rajesh Roy, S/o Rajendra Roy, R/o Vill./MohallaSamahairiya, P.S. Agnoar, District - Arwal at present R/o Pourkela, Ved Vyash Chowk, Durga Mandap Gali, P.S. Brahmni Tarang, District - Sundergarh, Odisha.

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

For the Petitioner/s :

Mr. Nagendra Dubey For the Opposite Party/s :

Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA C.A.V. ORDER 29-08-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

This application is filed for cancellation of bail granted to the Opposite Party No. 2 vide Order dated 22.11.2017 passed in Cr. Misc. No. 38425 of 2017 in connection with Bhojpur Mahila P.S. Case No. 159 of 2016 by this Court.

The petitioner has earlier moved before this Court in Cr. Misc. No. 9778 of 2017, which was referred for mediation, but due to non-appearance of the petitioner, the

Patna High Court Cr.Misc. No.11437 of 2018(5) dt.29-08-2018 2/3 dispute could not be resolved and on that ground, the prayer for bail of the petitioner was rejected vide order dated 11.07.2017. Thereafter, the petitioner again approached this Court for grant of anticipatory bail by filing the Cr. Misc. No. 38425 of 2017, which was also referred to the Mediation and Conciliation Centre, Bojpur at Ara, but the informant-wife did not appear in the mediation proceeding and considering this fact, as also the fact that the petitioner was ready to reconcile the matter, this Court vide order dated 22.11.2017 allowed anticipatory bail to the petitioner-husband.

Submission of learned counsel for the petitionerwife is that in the mediation proceeding at Civil Court, Bhojpur at Ara, she was never served with any notice and that is why she could not appear before the Mediation Centre.

Both the parties are present in Court and husband is not ready to settle the dispute.

Considering the submissions made on behalf of the parties and the fact that Opposite Party no. 2 is taking a Uturn from his earlier stand to keep the petitioner/wife with dignity and is not ready to settle the dispute, which was the only consideration on which bail was granted, prayer of

Patna High Court Cr.Misc. No.11437 of 2018(5) dt.29-08-2018 3/3 the petitioner is allowed. Accordingly, the bail granted to the Opposite Party no. 2 vide Cr. Misc. No. 38425 of 2017 dated 22.01.2017, is, hereby, cancelled.

(Arvind Srivastava, J) Shailendra/- U T