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2025 DAILYLAW 28591 (JHR)

SARITA MAHATO v. THE STATE OF JHARKHAND

Cr.M.P./358/2025 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:15517 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.358 of 2025 ------ Sarita Mahato aged 30 years, wife of Sanjay Mahto, daughter of Gurucharan Mahato, Resident of Village-Timniya Tola, Shokhadih, P.O. and P.S.-Seraikella, Kharsawan, Jharkhand, Dist-Seraikella. … Petitioner Versus 1. The State of Jharkhand 2. Sanjay Mahto, aged about 40 years, son of Late Gaya Ram Mahato, Resident of Village-Narayanpur, P.O. and P.S.-Seraikella, Dist.- Seraikella Kharsawan, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Vani Kumari, Advocate For the State : Mr. P.D. Agrawal, Spl.P.P. ------ Order No:-03 Dated:-13-06-2025 Heard the parties. Though, notice has validly been served upon the opposite party no.2, yet no one turns up on behalf of the opposite party no.2 in spite of repeated calls. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 483(3) of the B.N.S.S., 2023 with a prayer to cancel the anticipatory bail granted to the opposite party No.2 in terms of the order dated 06.10.2023 passed in A.B.A. No.4959 of 2023 passed by this Court in connection with Complaint Case No.C-624 of 2022. The brief fact of the case is that 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 as and when the petitioner resumes conjugal life with him and he will keep and maintain the petitioner herein with full honor and dignity as his lawful wife in a separate house. It is next submitted by the learned counsel for the petitioner that the opposite party no.2 has violated the terms and conditions of the order dated 06.10.2023 passed in A.B.A. No.4959 of 2023 on the basis of which he was given the privileges of anticipatory bail as the opposite party no.2 has left the petitioner alone and he is not residing with her. The contents of the petition is supported by the affidavit of the petitioner, there is no contra material in the record to disbelieve the contention of the petitioner. Under such circumstances, this Court is of the considered view that the opposite party no.2 has violated the terms and conditions of the order dated 06.10.2023 passed in A.B.A. No.4959 of 2023 by which he was given the privileges of anticipatory bail. Accordingly, the bail granted to the opposite party no.2 namely Sanjay Mahto by the SDJM, Seraikella Kharsawan in connection with Complaint Case No. C-624 of 2022 in terms of the order dated 06.10.2023 passed in A.B.A. No.4959 of 2023 is cancelled. The learned SDJM, Seraikella Kharsawan is directed to take all coercive steps to ensure attendance of the opposite party no.2 namely Sanjay Mahto for facing the trial in that case. Accordingly, this Cr.M.P. is allowed. (Anil Kumar Choudhary, J.) Abhiraj/