Patna High CourtCR. MISC./24876/2018dismissed

Rajeshwari Devi v. State Of Bihar And ANR

2018-05-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24876 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== Rajeshwari Devi, Wife of Late Ram Bachan Singh, Resident of MohallaKuraich, Mahabir Asthan, Ward no.6, PO-Sasaram, PS-Sasaram (Town), District-Rohtas ... ... Petitioner/s

Versus

1. The State of Bihar

2. Nirmala Deiv Wife of Late Ishwar Dayal Singh Resident of Mohalla-Gajradh, Ward no.4, PO and PS-Sasaram, District-Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bajarangi Lal For the Opposite Party/s :

Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-05-2018 The petitioner seeks cancellation of bail of opposite party no. 2 which has been granted to her by order dated 15.02.2018 passed by the learned Sessions Judge, Rohtas at Sasaram in B.P. No. 149 of 2018 arising out of Sasaram (T) P.S. Case No. 207 of 2018 which has been instituted for the offences under Sections 406, 420, 511 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner has submitted that the opposite party no. 2 was caught red handed and therefore she ought not to have been granted bail. That apart, it has been submitted that prior to the present case, the opposite party no. 2 was made accused in another case of similar nature.

A perusal of the order impugned reflects that

Patna High Court Cr.Misc. No.24876 of 2018(2) dt.02-05-2018 2/2 earlier, the opposite party no. 2 had filed a case against the petitioner vide Sasaram (M) P.S. Case No. 1178 of 2017 and a Money Suit between the parties is also pending adjudication. There is an earlier case against opposite party no. 2 but at the instance of the petitioner only.

Regard being had to the aforesaid facts as also taking into account that the opposite party no. 2 is a 62 year old widow and that she had remained in custody since 01.02.2018, the court below granted bail to her. This Court finds no ground to interfere with the aforesaid order.

The petition is dismissed.

(Ashutosh Kumar, J) krishna/- U T