The High Court dismissed an application seeking quashing of an order cancelling anticipatory bail and issuing a warrant of arrest. The court found no illegality in the lower court's decision after the petitioner failed to appear for inquiry following an allegation of torture.
The application for quashing the impugned order was dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 920 of 2014
Suraj Deo Yadav, Son of Tahal Yadav, resident of Village + P.O. - Bagodih, P.S. - Bagodar (Sariya), District - Giridih.
… Petitioner
-V e r s u s-
... Opposite Parties.
CORAM: HON’BLE MR. JUSTICE PRASHANT KUMAR.
For the Petitioner : - Mr. Anil Kumar Sinha, Advocate. For the State : - Mr. Ravi Prakash, A.P.P.
06/28.04.2015
This application has been filed for quashing the order dated 02.01.2014 passed by learned Sub-Divisional Judicial Magistrate, Koderma in Complaint Case No. 432 of 2012, whereby and whereunder the bail granted to the petitioner has been canceled and warrant of arrest issued against him.
It appears that the petitioner was granted anticipatory bail by this Court on the condition that he will take the complainant (his wife) from court below after giving a written undertaking that he will not torture her in future and keep her as his wife with all respect and dignity. It appears that in the said order, it was also mentioned that if the petitioner tortures the complainant after granting bail, then the complainant can file an application in the court below making such complaint and the court below after inquiry will pass order in accordance with law including the order for cancellation of bail.
It appears that an application was filed by the complainant in the court below wherein she alleged that after granting of bail, she was tortured by the petitioner for which she gave an information in Sariya Police Station. Thereafter, the learned court below initiated an inquiry and asked the petitioner to appear in-person in the court below, but in spite of the direction, petitioner did not appear on 05.10.2013, 13.11.2013, 05.12.2013 & 02.01.2014. Thus,
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constrained with the same, the learned court below cancel the bail of the petitioner and issued warrant of arrest against him.
Considering the aforesaid facts and circumstances, I find no illegality in the impugned order. Accordingly, this application is dismissed.
( Prashant Kumar, J.)
sunil/
1 issue framed by the court
Whether the cancellation of anticipatory bail and issuance of arrest warrant by the court below was illegal.
Suraj Deo Yadav
The State of Jharkhand
Malti Devi @ Shakuntala Devi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
