Alauddin Darji @ Alauddin v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65730 of 2018 Arising Out of PS. Case No.-271 Year-2017 Thana- DESARI District- Vaishali ====================================================== Alauddin Darji @ Alauddin Son of Late Hadish Darji @ Hasid Darji Resident of Village-Megh Ratwara,P.O. Ratwara,P.S. Piyar,Distt.-Muzaffarpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Bano Khatoon @ Bano Begam wife of Mumtaz Resident of VillageNayaganj,P.S. Desri, Distt.-Vaishali at Hajipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore For the Opposite Party/s :
Mr.Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-04-2019 Heard both sides.
The petitioner has filed this petition for cancellation of bail of O.P. No.2(Bano Khatoon @ Bano Begam) on the ground that on concealment of facts, she was granted anticipatory bail by this Court.
Learned counsel for the petitioner submits that from perusal of the order dated 09.07.2018 passed in Cr. Misc. No.39540 of 2018, it is evident that learned counsel for the O.P. No.2 while moving the bail petition submitted that father-inlaw(Md. Mumtaz) and the husband of the deceased were granted bail but in fact, the regular bail petition of Md. Mumtaz(father-in-law of the deceased) was pending and the
Patna High Court CR. MISC. No.65730 of 2018(3) dt.17-04-2019 2/2 husband of the deceased never surrendered in the Court. The husband of the deceased is still absconding. It is submitted that mother-in-law(O.P. No.2) has been granted anticipatory bail on concealment of facts and on wrong submissions made before this Court but I find that even on merit, no specific allegation is made against the mother-in-law(O.P. No.2). Some of the in-laws were granted anticipatory bail and the case of the mother-in-law is similar to that of other in-laws. Husband of O.P. No.2 was granted bail.
Therefore, I do not find any reason to cancel the bail granted to O.P. No.2. Accordingly, this petition is devoid of any merit. Accordingly, it is dismissed.
(Prabhat Kumar Jha, J) Saurabh/- U T