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Patna High CourtCR. MISC./84897/2019dismissed

Arti Devi v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84897 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== ARTI DEVI Wife of Surendra Das @ Choteylal Das Resident of VillageChinveriya, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jeevan Das Son of Letan Das Resident of Village- Chinveriya, P.S.- Laxmipur, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kartik Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2020 This application has been filed for cancellation of the bail granted to the O.P.no.2 vide order dated 18.10.2019 in ABP No.1482 of 2019 by the Addl. Sessions Judge I, Jamui in Laxmipur P.S.case no.220 of 2019 under Section 354(D) of the IPC and Sections 67(A)/66© and 66(E) of the Information Technology Act.

Grounds for cancellation of the bail is that O.P.no.2 is not a gotia and there is no land dispute between them and wrong submission has been made and in support of the same, various naked photographs has been displayed in the petition and in spite of that anticipatory bail has been granted to the O.P.no.2 and considering the same the petitioner has come for

Patna High Court CR. MISC. No.84897 of 2019(2) dt.17-02-2020 2/2 cancellation of grant of bail to O.P.No.2 .

Heard learned APP and perused the impugned order, from which it appears that the learned Addl. Sessions Judge after hearing both the parties and considering the materials available in the dairy has granted anticipatory bail to the O.P.no.2 There is no allegation of misuse of the privilege of the bail or tampering with the evidence. Learned Addl. Sessions Judge has also considered this aspect of the matter that case diary does not show as to when photographs were taken and as to whether is is minor.

In view of the discussions made above, I am not inclined to interfere with order granting anticipatory bail to the O.P.no.2. According, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T