IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.287 of 2024 ------ Purnima Kumari @ Punam Kumari, aged about 21 years, D/O Balbhadra Vishwakarma, W/O Ajit Vishwakarma, R/O Gram Gundri, P.O. Arkhango, P.S.- Dhanwar, District- Giridih, Jharkhand. Present R/O Gram- Taratand, P.O. + P.S.- Taratand, District- Giridih. … Petitioner Versus 1. The State of Jharkhand 2. Ajit Vishwakarma @ Ajit Kumar, aged about 26 years, son of Nirpat Vishwakarma, R/O Gram Gundri, P.O- Arkhango, P.S..- Dhanwar, District- Giridih, Jharkhand … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jitendra N. Upadhyay, Advocate Mr. Mayank Kumar, Advocate For the State : Mr. Sunil Kr. Dubey, Addl.P.P. For the O.P. No.2 : None ------ Order No:-06 Dated:-31-01-2025 Heard the parties. 2. Since notice has been served upon the brother of the opposite party No.2 residing in the same house, hence, the service of notice upon the opposite party No.2, is sufficient. 3. This criminal miscellaneous petition has been filed by the petitioner with a prayer to cancel the bail granted to the opposite party No.2 by the trial court being the Judicial Magistrate-1st Class, Giridih in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 passed by this Court. 4. The brief facts of this case is that the opposite party No.2 was given the privileges of anticipatory bail by the trial court being the Judicial Magistrate-1st Class, Giridih in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 by this Court with the condition that he will keep and maintain the petitioner of the instant Cr.M.P. with full honour and dignity as his lawful wife. 5. Learned counsel for the petitioner submits that as stated on oath by the petitioner herself in this criminal miscellaneous petition; that consequent upon the said order, though the opposite party No.2 took the petitioner to his house but assaulted her with intention to kill her and after alarm being raised by the petitioner, people from neighborhood came to save her life. It is next submitted that the opposite party No.2 has played fraud upon this Court by making false submission that he will keep and maintain the petitioner with full honour and dignity as his lawful wife but he has violated the said condition of bail. Therefore, it is submitted that the bail granted to the opposite party No.2 by the trial court being the Judicial Magistrate-1st Class, Giridih in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 passed by this Court, be cancelled. 6. Learned Addl.P.P. appearing for the State submits that since the opposite party No.2 has not complied with the terms and conditions of the bail granted to him by the trial court being the Judicial Magistrate-1st Class, Giridih in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 passed by this Court, hence, the bail granted to the opposite party No.2 by the trial court being the Judicial Magistrate-1st Class, Giridih in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 passed by this Court, be cancelled. 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, the uncontroverted fact as stated in this petition, remains that the opposite party No.2 after taking the petitioner in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 passed by this Court to his house, instead of keeping her with full honour and dignity as his lawful wife in terms of the undertaking given by him before this Court and before the trial court also; before being granted bail, has violated the terms and conditions of the bail; by assaulting the petitioner with an intention to kill her. Hence, this Court is of the considered view that this is a fit case where the bail granted to the opposite party No.2 by the trial court being the Judicial Magistrate-1st Class, Giridih in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 passed by this Court in connection with Complaint Case No.827 of 2022 be cancelled. 8. Accordingly, the bail granted to the opposite party No.2 of the instant Cr.M.P namely Ajit Vishwakarma @ Ajit Kumar by the trial court being the Judicial Magistrate-1st Class, Giridih in terms of the order dated 20.09.2023 passed in A.B.A. No.7224 of 2023 passed by this Court in connection with Complaint Case No.827 of 2022, is cancelled. 9. Learned Judicial Magistrate-1st Class, Giridih is directed to take all coercive steps in connection with Complaint Case No.827 of 2022 for apprehension of the opposite party No.2 of the instant Cr.M.P namely Ajit Vishwakarma @ Ajit Kumar, who is the accused of the said case, to be taken into custody for facing the trial. 10. Let a copy of this order be communicated to the learned court below through FAX if the cost of Rs.50/- per page is deposited by the petitioner. 11. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) AFR-Animesh /