RAMESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner had filed Criminal Miscellaneous Case No.23 of 2016 before the learned Sessions Judge, Sitamarhi, under Section 340 of the Code of Criminal Procedure, stating therein that in the affidavit sworn by the accused-opposite party No.2, in respect of the anticipatory bail application No.99 of 2012, arising out of Complaint Case No.C-1/1050/11, wrong statement was made that Sarita Singh Rathaur was suffering from cancer and she was hospitalized in the Tata Memorial Hospital, Mumbai. The affidavit was filed on 24.02.2012, whereas the said Sarita Singh Rathaur appeared and filed complaint case No.319 of 2012 on 27.02.2012 in the court of learned Chief Judicial Magistrate, Sitamarhi, which belies the claim that she was ill and hospitalized at Mumbai.

(3.) By the impugned order dated 20.05.2016, the learned Sessions Judge, Sitamarhi dismissed the petition as not maintainable on the ground that the petitioner did not challenge the correctness of the aforesaid statement during hearing of the anticipatory bail application, rather a petition has been filed vide Criminal Miscellaneous No.23 of 2016, after delay of more than four years.