The High Court recalled anticipatory bail and cancelled bail bonds for the respondent after he allegedly violated terms of a mediation agreement. The petition for cancellation was allowed and a warrant was directed.
Anticipatory bail recalled, bail bonds cancelled, and non-bailable warrant directed for the respondent.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1182 of 2018
Samta Kumari
…… Petitioner
Versus
1.The State of Jharkhand 2.Dhananjay Kumar
…… Opp. Party.
----CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH ----- For the Petitioner : Mr. Sanjay Prasad, Advocate For the Opp. Party : A.P.P ----- 05/Dated: 15/07/2019
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
It appears that earlier petitioner had moved by filing ABA No.4627/2015 and this court vide order dated 21.06.2016 had directed the petitioner to pay Rs 5000/- per month to O.P.N0.2 as interim maintenance from January, 2016. He was further directed to deposit Rs. 30,000/- for the month January, 2016 to June, 2016 shall be deposited in the court below in two installment, first installment within two weeks and second installment on or before 04.08.2016.
Further, both the parties were directed to appear before the Coordinator, Mediation Center, Giridih on 27.06.2016 with a direction to the Coordinator for submission of report to this court on or before 04.08.2016.
On 04.08.2016, pursuant to the report dated 21.07.2016 submitted by Secretary, DLSA, Giridih alongwith the Agreement dated 15.07.2016 arrived between the parties, petitioner was directed to return all the articles in terms of para-11 of the agreement and perform bidai ceremony within eight weeks and the case was again directed to be listed on 17.01.2017 with physical appearance of the parties.
On 17.01.2017 when query was made from O.P.No.2, she replied that she has no objection, if petitioner is granted bail.
Thereafter, petitioner was admitted on anticipatory bail on 17.01.2017 in ABA No.4627/2017, subject to the condition that if petitioner repeats the same type of occurrence in future, it shall be open for the O.P.No.2 to file application for cancellation of bail of the petitioner .
It further appears that the present Cr. M.P. No. 1182 of 2018 has been filed for cancellation of the O.P.No.2-Dhananjay Kumar .
Pursuant to order dated 26.04.2019, both the parties are physically present before this court.
On query, petitioner- Samta Kumari has informed this court that
O.P.No.2- Dhananjay Kumar has violated the terms and conditions of the Agreement dated 15.07.2016 arrived between them before the Mediator, Mediation Centre, Giridih and on the basis of which O.P.No.2- Dhananjay Kumar was admitted on anticipatory bail by this Bench vide order dated 17.01.2017 passed in ABA No.4627/2015.
In that view of the matter, the order dated 17.01.2017 passed by this Bench in ABA No.4627/2015 by which O.P.No.2- Dhananjay Kumar was admitted on anticipatory bail is, hereby, recalled and the bail bonds furnished by O.P.No.2- Dhananjay Kumar are cancelled.
Accordingly, the Cr. M.P. No. 1182 of 2018 is, hereby, allowed. However, the Trial Court is directed to take all coercive steps against O.P.No.2- Dhananjay Kumar, including issuance of nonbailable warrant of arrest against him.
( Anant Bijay Singh, J.)
Raman/
2 issues framed by the court
Whether the anticipatory bail granted to the respondent should be cancelled due to violation of settlement terms.
Whether the High Court can direct issuance of warrant upon violation of bail conditions in matrimonial disputes.
Samta Kumari
Dhananjay Kumar
ANANT BIJAY SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
