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2025 DAILYLAW 27423 (JHR)

RUBI KHATOON v. THE STATE OF JHARKHAND

Cr.M.P./3382/2023 · 2025-02-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3382 of 2023 ------ Rubi Khatoon, aged about 35 years, wife of Md. Saddam Ansari, resident of Village-Chaprasi Mohalla, Godda, P.O.- Godda, P.S. -Godda (T), Dist.-Godda. Present Address Village & P.O.-Lalmatia, P.S.-Godda (M), Dist.-Godda … Petitioner Versus 1. The State of Jharkhand 2. Md. Saddam @ Saddam, son of Md. Shamim, resident of Village- Chaprasi Mohalla, Godda, P.O.-Godda, P.S.- Godda (T), Dist.-Godda … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lalit Yadav, Advocate : Mr. Ranjan Kr. Singh, Advocate For the State : Mr. Bhola N. Ojha, Spl. P.P. ------ Order No.07 Dated- 07.02.2025 Heard the parties. No one turns up on behalf of the opposite party no.2 after repeated calls, even though notice has validly been served upon him. This criminal miscellaneous petition has been filed under Section 439 (2) Cr.P.C. with a prayer to cancel the bail granted to the opposite party no.2 in terms of the order dated 28.03.2019 in A.B.A. No. 7016 of 2018. It is submitted by the learned counsel for the petitioner that the opposite party no.2 was given the privilege of anticipatory bail inter alia with the condition that the opposite party no.2 will keep on paying Rs.4,000/- per month and will keep and maintain the petitioner herein with full dignity and honour as his lawful wife. It is further submitted by drawing attention of this Court to the averments made in this criminal miscellaneous petition wherein, the petitioner has categorically mentioned that the opposite party no.2 has violated the terms and condition of the bail as he is not keeping and maintaining the petitioner as his lawful wife with full dignity and honour nor he is paying Rs.4,000/- per month. In the absence of any material contrary to the averments made in this criminal miscellaneous petition, this Court has no hesitation to believe the averments made in this criminal miscellaneous petition; so in view of the undisputed fact that the opposite party no.2 has violated the terms and condition of the bail granted to him in terms of the order dated 28.03.2019 in A.B.A. No. 7016 of 2018 in connection with Godda (T) P.S. Case No. 130 of 2017, corresponding to G.R. No. 854 of 2017, pending in the court of Chief Judicial Magistrate, Godda, this Court is of the considered view that this is a fit case where the bail granted to the opposite party no.2-Md. Saddam @ Saddam in connection with the said case be cancelled. Accordingly, the bail granted to the opposite party no.2 in connection with Godda (T) P.S. Case No. 130 of 2017, corresponding to G.R. No. 854 of 2017 is cancelled. Learned Chief Judicial Magistrate, Godda or its successor court is directed to take all coercive steps for apprehension of the opposite party no.2 for facing the trial. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Sonu-Gunjan/