JULI GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and the learned counsel appearing on behalf of the opposite party no.2.

(2.) The petitioner has approached this Court under Section 439(2) of the Code of Criminal Procedure, 1973, (For short Cr. P. C.) seeking cancellation of bail of opposite party no.2 granted vide order dated 05.12.2007 passed by the learned A.C.J.M., Danapur in connection with Danapur P.S. Case No. 494 of 2007 dated 05.09.2007, in exercise of his powers under Section 167(2) Cr.P.C.

(3.) It appears that the petitioner lodged a criminal prosecution against the opposite party no.2 and one more co-accused for offence under Section 307 and some other allied offences under the Indian Penal Code. However, subsequently, by order dated 15.09.2007 offence under Section 302 of the Indian Penal Code was also added.