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2025 DAILYLAW 29267 (JHR)

SUBHADRA KUMARI ALIAS SUBHADRA DEVI v. THE STATE OF JHARKHAND

Cr.M.P./4653/2022 · 2025-07-11

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:19016 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 4653 of 2022 ----- Subhadra Kumari @ Subhadra Devi, aged about 24 years, Wife of Parmeshwar Mahto, Daughter of Ajit Kumar Mahto, Resident of Village –Faujdarbank, P.O. –Madhupur, P.S. – Chitra, District –Deoghar, presently resided at Village –Dighi, P.O. –Chitra, P.S. –Chitra, District –Deoghar, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Parmeshwar Mahto, aged about 27 years, Son of Shivshankar Mahto, Resident of Village –Faujdarbank, P.O. & P.S. –Chitra, District –Deoghar. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Onkar Nath Tiwary, Advocate : Mr. Shamid Raza, Advocate For the State : Mrs. Kumari Rashmi, Addl. P.P. For the O.P. No.2 : None ------ Order No.07 Dated- 11.07.2025 Heard the parties. This criminal miscellaneous petition has been filed with a prayer for cancellation of bail granted to the opposite party no.2 in terms of the order dated 06.11.2020 in A.B.A. No. 3886 of 2020 after furnishing the undertaking that he will keep and maintain the petitioner herein with full dignity and honour as his lawful wife and to abide by other conditions. Learned counsel for the petitioner submits that the petitioner has violated the said condition of keeping and maintaining his wife who is the petitioner herein with full dignity and honour as his lawful wife and is also tampering with the evidence of the case. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed. Though the opposite party no.2 has put in appearance through a lawyer but no one turns up on behalf of the opposite party no.2 in-spite of repeated calls. The learned Add. P.P. has no serious objection to the aforesaid prayer. Having heard the submissions made at the bar and after going through the materials in the record which has been supported by an affidavit on oath filed by the petitioner and considering the undisputed fact that the petitioner has violated the undertaking given by him before the trial court to keep and maintain the petitioner herein with full dignity and honour as his lawful wife and keeping in view the undisputed fact that the petitioner is tampering with the evidence, this Court is of the considered view that this is a fit case where the bail granted to the opposite party no.2 in connection with Complaint Case No. 144 of 2019 of the court of learned Judicial Magistrate -1st Class, Madhupur be cancelled. Accordingly the bail granted to the opposite party no.2 in connection with Complaint Case No. 144 of 2019 of the court of learned Judicial Magistrate -1st Class, Madhupur is cancelled. The learned Judicial Magistrate -1st Class, Madhupur is directed to take all coercive steps for apprehension of the opposite party no.2 herein in connection with the said Complaint Case No. 144 of 2019 for facing the trial. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Sonu-Gunjan/