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Patna High CourtCR. MISC./76767/2019dismissed

Rashmi Kumari v. The State Of Bihar

2020-02-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76767 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== RASHMI KUMARI Daughter of Sanjay Kumar Singh Resident of VillageBindhwara Adarsh Tola, P.S-Kasim Bazar, District-Munger. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Rana Ghanshyam Singh Son of Late Rana Bodh Narayan Singh ,Resident of Village-Bindhwara Adarsh Tola P.S-Kasim Bazar, District-Munger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2020 This application has been filed for cancellation of bail granted to Opp.Party no.2 by learned 1st Additional Sessions Judge, Munger in B.A. No.1368 of 2019 on 17.10.2019 arising out of Kasim Bazar P.S. Case No.228 of 2019 registered under Sections 354(A), 354(C), 354(D), 376/511 of the Indian Penal Code.

Submission of learned counsel for the petitioner is that on wrong submission that the petitioner has married with Opp.Party no.2 on her own sweet will. By way of referring to Matrimonial Case No. 193 of 2019, learned counsel for the petitioner has submitted that Opp.Party no.2 created a forged and fabricated marriage certificate regarding marriage with the

Patna High Court CR. MISC. No.76767 of 2019(2) dt.17-02-2020 2/2 petitioner in Temple and the learned court below has granted bail to the Opp.Party no.2 without verifying the certificate and hearing the petitioner. It has also been submitted that the case diary has also not been called for in this case. Heard learned A.P.P.

On perusal of the impugned order, it is evident that Opp.Party no.2 has been granted regular bail after considering the statement of the petitioner recorded under Section 164 Cr.P.C. and petition filed for restoration of conjugal rights before the family court.

Considering the facts and circumstances , as stated above, I am not inclined to interfere with the impugned order. The application for cancellation of bail is dismissed. (Vinod Kumar Sinha, J) nawalkrs/- U T