Patna High Court - Orders
Sunita Devi vs The State Of Bihar & Anr. on 21 September, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30568 of 2011
Sunita Devi
Versus
1.The State Of Bihar
2.Lalkeshwar Sharma son of Lakhan Sharma,
Resident of village Khiri,P.S.Atari,
District Gaya
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For the petitioner : Mr.Deepak Kumar
For the State : Mr.Addl.P.P.
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02/ 21.09.2011Heard.
The petitioner has come with a
prayer that bail granted to the opposite
party no.2 be cancelled in view of non-
compliance of the order dated 22.09.2006
passed in Cr.Misc.No. 40411 of 2006.
Earlier opposite party no.2 had come here for bail in complaint case No. 1000 of 2000. Considering the hardship of the parties this court desired that husband- opposite party no.2 should keep his wife with him. Opposite party no.2 had given undertaking that he is ready to keep his wife and the court below was mandated to see that the life of the parties be settled.
From the papers made available on record it appears that the court had taken all steps to see that the parties are allowed to lead respectable life but it 2 appears from the narration that the relationship of the parties has reached up to that stage from where it is difficult to negotiate their proper life. Once matrimonial joint is broken up it will not be proper to force a person to keep his spouse as that will escalate another problem. Considering this, this court is not inclined to force opposite party no.2 to keep his wife. So no direction can be given by this Court as this Court does not find that any condition of the order dated 22.09.2006 has been violated in any manner. Therefore, the petitioner's prayer for cancellation of bail of opposite party no.2 does not appear to be justified, so this application is dismissed.
However, the petitioner will be at liberty to raise her points before the proper forum including the court of Principal Judge, Family Court. Tahir/- (Shyam Kishore Sharma, J.)