( 2025:JHHC:19841 ) 1 Cr. M.P. No.2980 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2980 of 2024 ------ Amit Kumar, aged about 29 years, Son of Sakhichand Ram, Resident of Village-Mangardah, P.O. & P.S.-Nagar Untari, Dist.-Garhwa. … Petitioner Versus 1. The State of Jharkhand, and 2. Victim … Opposite Parties ------ For the Petitioner : Mr. Ravi, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl.P.P. For the O.P. No.2 : Mr. Ranjit Kr.Tiwari, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with a prayer to quash and set aside the order dated 05.07.2023 passed by learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa in connection with Nagar Untari P.S. Case No.160 of 2021 corresponding to G.R. No.118 of 2023 involving the offences punishable under Section 376, 366, 504 and 34 of the Indian Penal Code by which the learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa has issued non-bailable warrant of arrest against the petitioner. 3. The brief facts of the case is that the petitioner is an accused of Nagar Untari P.S. Case No.160 of 2021 corresponding to G.R. No.118 of 2023 involving the offences punishable under Section 376, 366, 504 and 34 of the Indian Penal Code, before submission of charge sheet and after registration of FIR, non- ( 2025:JHHC:19841 ) 2 Cr. M.P. No.2980 of 2024 bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. were issued against the petitioner and the petitioner earlier filed Cr.M.P. No.618 of 2022 with a prayer to quash the orders dated 23.11.2021 and 10.02.2022 whereby non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. was directed to be issued against the petitioner. The co-ordinate bench of this Court vide order dated 22.03.2022 directed the petitioner and the accused persons to appear before the Court below on the date fixed on or before 05.04.2022 and ordered that in the event of the arrest of the petitioner and the accused persons, the impugned orders dated 23.11.2021 and 10.02.2022 shall not be given effect to, but if the petitioner does not appear before the concerned court, on or before 05.04.2022, the concerned Court may take all coercive steps against the petitioner. The petitioner filed SLP (Crl.) No.3335 of 2022 in the Hon’ble Supreme Court of India against the aforesaid order and the Hon’ble Supreme Court of India vide order dated 22.08.2022 allowed the Special Leave Petition and the non-bailable warrant of arrest against the petitioner was quashed. The petitioner admitted to be released on pre-arrest bail subject to his joining and fully cooperating with the investigation in Nagar Untari P.S. Case No.160 of 2021 dated 25.08.2021 registered against him. 4. Learned counsel for the petitioner submits that, thereafter, the petitioner did not appear before the trial Court but appeared before the investigating officer in terms of the order passed by the Hon’ble Supreme Court of India on 03.09.2022 at about 10:00 AM. It is next submitted that after investigation of the case, charge sheet has been submitted against the petitioner and the learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa has taken ( 2025:JHHC:19841 ) 3 Cr. M.P. No.2980 of 2024 cognizance of the offences punishable under Section 376, 366, 504 and 34 of the Indian Penal Code. 5. Learned counsel for the petitioner next submits that since the petitioner did not appear before the trial Court, even after, he was granted pre-arrest bail, hence, after taking cognizance of the offences upon submission of charge sheet, the learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa ought to have issued summons to the petitioner, but without doing that, straightway issued the non-bailable warrant of arrest against the petitioner on 05.07.2023 is not in accordance with law. It is further submitted that the petitioner undertakes to appear before the learned trial Court on or before 18.08.2025, hence, the prayer as prayed for in this Cr.M.P., be allowed. 6. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that the police was under the impression that the petitioner was granted bail by the Court and police has mentioned the same, in the charge sheet also, at Serial No. (xvi) in the column of accused persons, even though the petitioner ought to have submitted the bail bond consequent upon pre-arrest bail being granted by the Hon’ble Supreme Court of India. Hence it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that be that as if may, the fact remains that the petitioner was granted pre- arrest bail vide order dated 22.08.2022 by the Hon’ble Supreme Court of India subject to joining and fully cooperating the investigation of the case, but the ( 2025:JHHC:19841 ) 4 Cr. M.P. No.2980 of 2024 petitioner has not submitted bail bond either before the trial Court or before the police, but as the petitioner has no knowledge about the submission of the charge sheet against him and cognizance of the offences being taken, it was incumbent upon the learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa to issue summons to the petitioner for appearance in the case, consequent upon taking cognizance of the said offences, but having not done so, instead, straightway issued the non-bailable warrant of arrest vide order dated 05.07.2023; in the considered opinion of this Court, the impugned order is not sustainable in law. 8. 8. Accordingly, the order dated 05.07.2023 passed by learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa in connection with Nagar Untari P.S. Case No.160 of 2021 corresponding to G.R. No.118 of 2023 involving the offences punishable under Section 376, 366, 504 and 34 of the Indian Penal Code, is quashed and set aside qua the petitioner only. 9. In the result, this Cr.M.P., stands allowed. 10. In view of disposal of the instant Cr.M.P., the interim relief granted vide order dated 24.02.2025, is vacated. 11. Since, the petitioner has undertaken to appear before the Court below on or before 18.08.2025, he is directed to do so and to pray for regular bail. In case, the petitioner fails to appear before the trial Court on or before 18.08.2025, the trial Court is directed to take all coercive steps for the apprehension of the petitioner to face the trial. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 16th of July, 2025 AFR/ Abhiraj