IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.45408 of 2008
Ram Nath Ram son of Late Birja Ram, R/o Ahirani (Ambedkar Nagar)
Bagaha, Ward no. 28 P.S. Bagaha, Dist. West Champaran.
----Petitioner
Versus
1. The State of Bihar.
2. Smt. Anju Devi D/o late Durga Ram, R/o Medical Hospital Qr. No. 108
Khagaul P.S. Khagaul, Dist. Patna at present residing at Machhuatoli Arya
kumar Road, P.S. Kadamkuam, Dist. Patna.
----- Opp.Parties.
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02. 07.07.2010 Heard both sides.
Petitioner, who is informant of Bagaha P.S. case no. 434 of
2007, instituted under Sections 379 and 498 of the Penal Code seeks
cancellation of bail granted to his wife ( Smt. Anju Devi) by order
dated 23.07.2008, passed by learned Additional Chief Judicial
Magistrate, Bagaha. Opposite party no.2 had approached the Sessions
Judge, West Champaran, Bettiah for grant of anticipatory bail which
was disposed of in the following manner:-
“……..Considering the aforesaid facts
and circumstances of this case, specially the
allegation U/s 379 of the I.P.C. is mere ornamental as
such the petitioner is directed to surrender before the
learned court below and if surrender then the learned
court below shall consider the same accordingly as
such this application is disposed of.”
In view of the said observation of the learned Sessions
Judge, West Champaran, Bettiah, learned Court below has granted bail
to the opposite party no.2 herein. This Court finds absolutely no
justification for allowing the prayer of the informant/petitioner. There
is no merit in the application.
It is, accordingly, dismissed.
Sym ( Kishore K. Mandal, J.)