IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3543 of 2023 ----- Sanjana Choubey @ Sanjana Chobey, W/o Jagdish Mishra, D/o Late Akhilesh Kumar Choubey, Residing at Darodi, Rehla, P.O & P.S.-Rehla, Dist.-Palamau … …. Petitioner Versus 1. The State of Jharkhand 2. Jagish Kumar Mishra @ Jagish Mishra, S/o Deo Datta Mishra, R/o House No. B 32/47, AK, Plot No. 145, Saket Nagar Colony, Nariya, P.O & P.S.- Lanka, Dist. Varanasi (U.P) … …. Opposite Parties ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Hadis Ansari, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P For the O.P. No.3 : Mr. R. Mukherjee, Advocate Mr. Sheo Kr. Singh, Advocate ----- Oral Order 10 / Dated : 07.02.2025. Heard, learned counsel for the parties. The instant Cr. Miscellaneous petition has been filed by the petitioner/ wife of O.P. No.2 for cancellation of bail which was allowed by this Court vide order dated 20.09.2022 passed in A.B.A. No. 4878 of 2022 [arising out of Rehla P.S. Case No. 02 of 2022] under Section 498A of I.P.C and Section 3 /4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioner that specific ground was taken in the anticipatory bail application that he is ready and willing to keep the wife with him and considering the fact that a petition under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights was filed by O.P. No.2. Earlier notice was issued and the counsel on behalf of O.P. No.2 has entered into appearance, but no show cause/ counter-affidavit has been filed despite adjournment being granted. In any case, where the order of bail is obtained by making specific submission and commitment before Court, but without any intention to comply with it and only as a ruse to get a favourable order, it is fraud committed with the court. This Court is conscious of the fact that cancellation of bail should not be lightly allowed. However, in order to maintain the sanctity of the judicial process so that the parties do not make false submissions before the Court of law without any intention of the same. -2- The anticipatory bail was earlier granted to the petitioner vide order dated 20.09.2022 passed in A.B.A. No. 4878 of 2022 [arising out of Rehla P.S. Case No. 02 of 2022] is cancelled and O.P. No.2 is directed to surrender before the Court below within two weeks of this order. However, if the petitioner moves an application for regular bail, the Trial Court will consider the regular bail of the petitioner on its own merit without being prejudiced by the order of this Court. The Cr. Misc. Petition is accordingly, disposed of. (Gautam Kumar Choudhary, J.) Sandeep/Satendra