Kumari Shweta v. The State Of Bihar Through Law Secretary, Law Deptt., Govt. Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2615 of 2024 Arising Out of PS. Case No.-551 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== KUMARI SHWETA W/O AMIT KUMAR R/o Chandradeep Madhya Vidyalaya, Mission Road Dahiyawan, Chapra, P.s .- Chapra Town, Distt. - Saran and D/o Arun Kumar, at present residing at Chaitna Nagar, Warehouse Campus, Main Road Gudari, P.O. and P.s.- Bhagwan Bazar, Distt.- saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar through Law Secretary, Law Deptt., Govt. of Bihar PATNA 2.

Amit Kumar S/o Suresh Kumar Srivastava R/o Chandradeep Madhya Vidyalaya, Mission Road Dahiyawan, Chapra, P.s.- Chapra town, Distt.- Saran, Presently Residing at C/o Jitendra Pal, Krishna Colony, Distt.- Deoria, U.P.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Respondent/s :

Mr.G.P.18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2025 Heard learned counsels for the parties.

2. The following prayer has been made by the petitioner in the writ application:- (i) For setting aside the order dated 19.09.2024, passed by the Additional Sessions Judge-VI, Saran at Chapra in Cr. Revision No.121 of 2024, who has allowed the illegality to perpetuate wherein, the learned Court has dismissed the Criminal Revision application filed by the petitioner on incorrect and unreasonable findings/grounds without taking note of the facts and circumstances after setting aside the order dated 10.02.2020 passed in Bhagwan

Patna High Court CR. WJC No.2615 of 2024(2) dt.08-05-2025 2/3 Bazar P.S. Case No.551/2019 by the In-charge Court (ACJM-II, Saran at Chapra) of the Chief Judicial Magistrate, Saran, Chapra whereby the case was arbitrarily fixed on 10.02.2020 filed on behalf of the accused respondent no.2 for record call for without knowledge and information to the petitioner, though the petitioner was present on each and every date, for confirmation of provisional bail granted to the respondent no.2, was heard and allowed on 10.02.2020 in the most arbitrary manner in haste, without following the due process of law, in excess of materials without taking note of the Undertaking dated 31.01.2020 filed by the petitioner and without the end of the discussions/talk/sulah warta/negotiations duly directed by the original Court/ Court of Chief Judicial Magistrate, Saran at Chapra.

(ii) For suitably punishing the respondent no.2 of apparent concealment and foul play in obtaining order for confirming the provisional bail granted for three months to him on 17.01.2020 in apparent connivance with the In-charge Court, who confirmed the provisional bail of the respondent no.2 within a month arbitrarily and without following the due process of law in violation of administration of justice and also for initiation of Departmental Proceeding against the apparent corruption made by the erring Judicial Officers for passing such order who have intentionally overlooked the facts and law associated with the

Patna High Court CR. WJC No.2615 of 2024(2) dt.08-05-2025 3/3 case under the stated facts of the case.

(iii) For any other relief to which the petitioner is found entitled to in the facts of the case.

3. In view of the prayer of the petitioner, petitioner is directed to take appropriate steps for disposal of the Criminal Revision which has been filed in this Court for challenging the award of maintenance by the Family Court. Petitioner is given liberty to mention the same before an appropriate Bench for its early hearing.

4. With the aforesaid directions, this application is dismissed.

(Sandeep Kumar, J) shikha/- U T