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2025 DAILYLAW 19745 (JHR)

SULEKHA KUMARI v. THE STATE OF JHARKHAND

Cr.M.P./2186/2024 · 2025-03-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2186 of 2024 ------ Sulekha Kumari, aged about 23 years, Wife of Santosh Sah, Daughter of Khirodhar Saw, presently residing at Village- Chhotki Kharagdiha, P.O.- Chhotki Kharagdiha, P.S.- Bengabad, District- Giridih, Jharkhand (815312) … Petitioner Versus 1. The State of Jharkhand 2. Santosh Kumar Saw @ Santosh Sah @ Santosh Kumar, aged about 32 years, Son of Kishori Sao, Resident of Village- Bhojpuro, P.O.- Ghoranji, P.S.- Deori, District- Giridih, Jharkhand … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Mr. Vineet Kr. Vashistha, Addl.P.P. For the O.P. No.2 : Mr. Gaurav Abhishekh, Advocate ------ Order No:-06 Dated:-21-03-2025 Heard the parties. This criminal miscellaneous petition has been filed under Section 483 (3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 by the petitioner with a prayer to cancel the bail granted to the opposite party No.2 in terms of the order dated 04.10.2023 passed by this Court in A.B.A. No.10119 of 2022 in connection with Deori P.S. Case No.83 of 2022. In compliance of the order dated 14.02.2025, the petitioner and the opposite party No.2 are physically present in the Court today. It is submitted by the learned counsel for the petitioner that vide order 04.10.2023 passed by this Court in A.B.A. No.10119 of 2022 in connection with Deori P.S. Case No.83 of 2022, the opposite party No.2 was given the privileges of anticipatory bail with the condition that the opposite party No.2 will resume conjugal life with the petitioner of this case as when she joins him to resume conjugal life with him. The petitioner of this Cr.M.P. is ready and willing to resume conjugal life with the opposite party No.2 but the opposite party No.2, in violation of the undertaking given by him before the learned Judicial Magistrate-1st Class, Giridih in connection with Deori P.S. Case No.83 of 2022 upon which he was given the privileges of anticipatory bail, refuses to abide by the said undertaking given by him before the learned Judicial Magistrate-1st Class, Giridih in connection with Deori P.S. Case No.83 of 2022 and also refuses to keep and maintain the petitioner as his lawful wife even though he admits his relationship with the petitioner. Hence, it is submitted that the anticipatory bail granted to the opposite party No.2 in terms of the order dated 04.10.2023 passed by this Court in A.B.A. No.10119 of 2022 in connection with Deori P.S. Case No.83 of 2022, be cancelled. Considering the conduct of the opposite party No.2 and that he has violated the undertaking given by him before the learned Judicial Magistrate-1st Class, Giridih in connection with Deori P.S. Case No.83 of 2022 in terms of the order dated 04.10.2023 passed by this Court in A.B.A. No.10119 of 2022, the anticipatory bail granted to the opposite party No.2 vide order dated 04.10.2023 passed by this Court in A.B.A. No.10119 of 2022 in connection with Deori P.S. Case No.83 of 2022, is cancelled. The Judicial Magistrate-1st Class, Giridih or its successor court is directed to take all coercive steps for apprehension of the opposite party No.2 in connection with Deori P.S. Case No.83 of 2022 to face the trial. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/