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2025 DAILYLAW 19155 (JHR)

SHIKHA KUMARI ALIAS SHIKHA SHUKLA v. THE STATE OF JHARKHAND

Cr.M.P./2108/2024 · 2025-02-11

Pradeep Kumar Srivastava

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2108 of 2024 Shikha Kumari @ Shikha Shukla, aged about 29 years, Daughter of Arun Pande, Wife of Vinay Kumar Shukla @ Binay Kumar Shukla, resident of House No. 18, Village- Henthlotto, P.O.- Kura, P.S.- Latehar, District- Latehar, Jharkhand- PIN-829206. Present Address- Shikha Kumari @ Shikha Shukla, aged about 29 years, Daughter of Late Arun Pandey, Wife of Vinay Kumar Shukla, Binay Kumar Shukla, resident of Village+P.O.- Raham, P.S.- Tandwa, District- Chatra, Jharkhand- PIN- 825321. ….. Petitioner Versus 1. The State of Jharkhand 2. Vinay Kumar Shukla @ Binay Kumar Shukla, Son of Parashnath Shukla, resident of House No. 18, Village- Henthlotto, P.O.- Kura, P.S.- Latehar, District- Latehar, Jharkhand- PIN-829206. ….. Opp. Parties --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Shekhar Prasad Gupta, Advocate. For the State : Mr. Shiv Shankar Kumar, A.P.P. For the O.P. No.2 : Mr. Umesh Kumar Choubey, Advocate. --------- Order No. 07/Dated: 11th February, 2025 1. The instant criminal miscellaneous petition has been filed for cancellation of regular bail granted to the opposite party no. 2 vide order dated 14.06.2023, passed by learned Court of Sessions Judge, Chatra in B.P. No. 345 of 2023 in connection with Tandwa P.S. Case No. 169 of 2022, registered for the offences under Section 498-A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. 2. Learned counsel for the petitioner submits that the O.P. No. 2 was granted regular bail by the learned Sessions Judge, Chatra on the ground that a successful Mediation report was received vide letter no. 181 dated 09.06.2023 and O.P. No. 2 had also filed an undertaking that he will obey the terms and conditions of Mediation between the parties and if he not to do so, his bail may be cancelled. 3. Learned counsel for the petitioner has further submitted that the matter was settled between the parties before the mediation center and the O.P. No. 2 has promised to the petitioner that he will keep his wife with full dignity and honour. The Opposite Party No. 2 has also promised that he will take care of their daughter in well manner. 4. It is further submitted that after getting the regular bail, O.P. No. 2 started abused and brutally assaulted the petitioner and try to strangulate the petitioner for the purpose of killing her. 5. It is also submitted that O.P. No. 2 taking advantage of regular bail is harassing the petitioner and giving threating for dire consequences and not fulfilled his promise. Opposite party no. 2 has misused the liberty granted to him. Hence, the bail granted to the petitioner by the court below may cancelled in the interest of justice. 6. Learned APP assisted by the learned counsel for the O.P. NO. 2 has opposed the above submissions of the learned counsel for the petitioner and submits that the O.P. NO. 2 has never misused the privilege of bail. 7. Considering the above arguments of the parties, merely, non-compliance of the certain terms and conditions arrived in an agreement at time of settlement cannot be a ground for cancellation of bail. 7. In my view, the petitioner could not furnish the valid ground for cancellation of bail. Hence, this petition, being devoid of merits, is hereby dismissed. (Pradeep Kumar Srivastava, J.) Simran/