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2025 Supreme(Online)(Pat) 5753

PATNA HIGH COURT
Sunil Dutta Mishra, J
Gunja Kumari @ Gunja Devi – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Bablu Kumar
For the Respondents: Mr. Anil Prasad Singh, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 09-12-2025 1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present Cr. Misc. Application has been filed to cancel the bail of the O.P. No.2 which was granted by the learned Additional Sessions Judge-VII, Saran at Chapra vide order dated 03.03.2022 passed in B.P. No.380 of 2022. 3. Learned counsel for the petitioner submits that the bail was granted to the O.P. No.2 considering the fact that he may keep the petitioner as wife but O.P. No.2 fails to concile with the petitioner and not ready to keep the petitioner with him. Accordingly, learned counsel prays to cancel the bail granted by learned Additional Sessions Judge-VII, Saran at Chapra. He further submits that such continuous neglect and refusal to resume co-habitation explicitly shows that the O.P. No.2 is misusing the liberty awarded to him and is acting in a manner contrary to the spirit in which bail was granted earlier.

Therefore, the bail of O.P. No.2 shall be cancelled.

4. Learned A.P.P. for the State opposed and submitted that no ground is made out by the petitioner to cancel the bail of the O.P. No.2. He further submits that

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