Dismissed

Sarita Devi v. State Of Bihar and Anr.

Patna HC21 Feb 2017CR. MISC./16433/2016

Case brief

AI extract

What is this about?

In a bail cancellation petition, the petitioning wife sought recall of the accused husband's bail in a Section 498A case due to alleged non-compliance with court orders regarding her dignity. The High Court dismissed the application, holding it was not a fit case for cancellation given the nature of the dispute.

What did the court decide?

Bail granted to Opposite party No.2 is maintained and the application for cancellation is dismissed.

Sarita Devi Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16433 of 2016

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Arising Out of PS.Case No. -451 Year- 2013 Thana -WAJIRGANJ District- GAYA

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======================================================

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Sarita Devi Wife of Mantu Kumar @ Mantoo Kumar, Daughter of Tulsi Yadav, Resident of Village- Durbey, P.S.- Chandauti, District- Gaya at present residing at Village- Tilesh, P.S.- Wazirganj, District- Gaya

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Mantu Kumar @ Mantoo Kumar, Son of Late Kishun Yadav, Resident of Village- Gaya at present posted as Fitter III, Sub Assembly, Turbo Shop (Engine Division), Diesel Locomative Work Varanashi (Diesl Engine Factory, Varanashi).

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. P.K.Chaurasiya(App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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5 21-02-2017 Heard learned counsel for the parties.

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The petitioner is wife of Opposite party No.2. She

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seeks cancellation of bail granted to Opposite party No.2 by order dated 20.03.2015 passed by this Court in Cr. Misc. No. 41636 of 2014, arising out of Wazirganj P. S. Case No. 451 of 2013 , registered for the offence punishable under Section 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.

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The sole ground for cancellation of bail is that the Opposite party No.2 has refused to keep the petitioner with due dignity, in breach of the observation of this Court in the order

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dated 30.03.2015, while granting the Opposite party No.2 condition of bail.

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I do not find it to be a fit case for cancellation of bail in the facts and circumstances of the case and in view of the nature of dispute between the parties.

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This application is, accordingly, dismissed.

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(Chakradhari Sharan Singh, J)

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ArunKumar/-cs

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Sarita Devi v. State Of Bihar and Anr.

Case brief

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Sarita Devi v. State Of Bihar and Anr.

Case brief

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