REKHA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Additional Public Prosecutor for the State. No body appears on behalf of opposite party No. 2 to oppose this application, though, opposite party No. 2 has already entered appearance through a lawyer and has filed his show cause.

(2.) The present petition has been filed under Section 439(2) of the Code of Criminal Procedure, 1973 on behalf of the Petitioner for cancellation of bail granted to opposite party No. 2 by an order dated 1.4.2010 passed in Cr. Misc. No. 2603 of 2010 (Annexure-1) by this Court in connection with Patliputra P.S. Case No. 118 of 2009 dated 21.4.2009 registered under Sections 498-A, 307, 341, 323, 354/34 of the Indian Penal Code.

(3.) While opposite party No. 2 had prayed for grant of anticipatory bail in connection with the aforesaid criminal prosecution, giving rise to Cr. Misc. 2603 of 2010, notice was issued to the present Petitioner, who is the informant of the aforesaid criminal case. In response to the notice issued by this Court, informant-Petitioner herein entered appearance in that criminal case, and on intervention of this Court and on persuasion of learned Counsel of the parties, matter ended in a compromise. Affidavits were filed by both sides in Cr. Misc. No. 2603 of 2010 stating therein that the matter has been compromised between them and they want to restore their matrimonial relationship. In view of the aforesaid compromise and stand taken by the parties, the prayer for anticipatory bail made on behalf of opposite party No. 2 was allowed by the aforesaid order dated 1.4.2010 passed in Cr. Misc. No. 2603 of 2010. The aforesaid factual aspects were noticed by this Court, while passing the aforesaid order dated 1.4.2010 and for ready reference, the relevant portion is reproduced herein below: