IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25240 of 2009
MRS.ABHA
Versus
STATE OF BIHAR & ANR
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10. 06.12.2010 Heard the parties.
Bail granted to O.P. No.2 is sought to be cancelled on
the ground that merit was not justifying to allow the O.P.No.2 to
bail, complainant was not heard and he (O.P.No.2) is giving
threatening her witnesses. Merit if can be taken for rejection of the
bail petition is attached with hearing of the complainant, strained
relation is admitted fact, both are living separately either on ouster
by the husband or at her(wife’s) own sweet- will, but divorce case
is there on behalf of the husband and maintenance case on behalf
of the wife. Apart from this, complaint case is filed. In that
circumstance, prevention of witnesses or giving threatening to
them in complaint case may never be believed for cancellation of
the bail otherwise every litigation would have been gone in favour
of the husband without hearing the wife, but it appears kin contest
between the parties. Any document if was not genuine is not
considered while allowing bail to the husband.
So, I find it not a fit case in which bail granted to
O.P.No.2 may be cancelled.
Accordingly, prayer of cancellation of bail stands
dismissed.
Vikash ( Mandhata Singh, J.)