Hiramani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86582 of 2019 Arising Out of PS. Case No.-722 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== Hiramani Devi W/o Late Vijay Shah Resident of Village - Hajipur, Ward No.17, P.S.- and Distt.- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arjun Kumar @ Arjun Sah @ Arjun Shah Son of Late Ishwar Prasad Sah Resident of Village - Thana Road, P.S. and Distt.- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Sinha, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-02-2020 This application has been filed for cancellation of bail granted to the opposite party no. 2 vide order dated 06.12.2019 passed in Cr. Misc. No. 78309 of 2019. Learned counsel appearing for the petitioner submits that petitioner was granted bail by this Hon'ble Court without considering the fact that the case was also lodged under sections 3 and 4 of POCSO Act.

Heard learned counsel for the petitioner and learned Addl. P.P. appearing for the State.

From perusal of the order dated 06.12.2019 whereby opposite party no.2 was granted bail, it appears that after considering the facts and circumstances involved

Patna High Court CR. MISC. No.86582 of 2019(2) dt.26-02-2020 2/2 in the case specially the delay of more than a year in lodging the first information report from the date of the alleged occurrence without there being any plausible explanation for the alleged delay and the fact that petitioner has no criminal antecedent, this Court had granted the privilege of anticipatory bail to the opposite party no. 2. This Court finds no error on the face of record in the aforesaid order.

The present application seeking cancellation of the aforesaid order is, accordingly, dismissed.

(Arvind Srivastava, J) S.Katyayan/- U T