Chandeshwar Prasad Gupta vs State Of Bihar &Amp; Anr on 25 November, 2010

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.14146 of 2009
                   CHANDESHWAR PRASAD GUPTA S/O LATE KESHO SAO
                                                           --- PETITIONER
                                             Versus
                                   1. STATE OF BIHAR
                        2. SHEELA DEVI W/O BIJAY PRASAD GUPTA
                                                             --- OPP. PARTIES.
                                           -----------

02 25.11.2010 Petitioner is the complainant. He is aggrieved by order

dated 17.02.2009 passed by Judicial Magistrate IInd Class,

Nawada whereby the opposite party No.2 herein (accused made

in complaint) was released on bail.

It appears from the order impugned itself that the same

was passed in presence of both the parties. Petitioner has failed

to bring on record the order, if any, passed by learned Magistrate

on the previous bail application. In absence of any order on

record, this Court is not inclined to accept the submission that

earlier opposite party no.2 had approached the Court for bail and

withdrew the same. In my view, no case for cancellation of bail

is made out.

The application is dismissed.

Sym                                                         (Kishore K. Mandal, J.)