Allowed

Vimla Kumari Alias Vimla Devi v. the State of Jharkhand

Jharkhand HC23 Aug 2024Cr.M.P./3194/2023

Case brief

AI extract

What is this about?

High Court of Jharkhand cancelled anticipatory bail granted to the husband in a domestic dispute, directing surrender to the trial court due to fraudulent non-compliance with a prior settlement agreement.

What did the court decide?

Cancelled anticipatory bail; directed husband to surrender before trial court within two weeks; directed trial court to proceed as per law against husband.

Vimla Kumari Alias Vimla Devi Vs the State of… — Matrimonial and Divorce | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 3194 of 2023

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Vimla Kumari @ Vimla Devi, W/o Gopal Ravidas .... .. ... Petitioner(s) Versus 1. State of Jharkhand. 2. Gopal Ravidas .. ... ...Opp. Party(s)

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CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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......... For the Petitioner(s) : Mr. Sidhartha Roy, Advocate For the State : Mr. Vishwanath Roy, APP For the O.P. No.2 : Ms. Pinki Kumari, Advocate

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08/ 23.08.2024 . Heard, learned counsel for the parties.

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1. The instant Cr. M. P. has been filed for cancellation of bail granted to the O.P. No.2 which was allowed vide order dated 20.07.2022 passed in ABA No.3624 of 2022 in view of settlement between the parties before the DLSA, Bermo at Tenughat in OMC No.63 of 2022.

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2. It is submitted by learned counsel for the petitioner that the O.P. No.2 (husband) was not sincere in complying with the terms of the settlement as terms of the settlement has not been fully honoured till date. The settlement was only a ruse to get anticipatory bail by this Court.

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3. Petitioner in compliance of the terms of the settlement has filed divorce petition by mutual consent before the learned Court below and Rs.2 Lakhs has been paid to her. The O.P. No.2 (husband) has not complied with the other clause i.e. 3 to 5, which, inter-alia, provided to make further payment of Rupees Seven Lakhs.

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4. Learned counsel for the O.P. No.2 seeks adjournment to make the rest of the payment to the petitioner (wife).

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5. From perusal of the earlier orders dated 08.04.2024, 06.05.2024 and 26.07.2024, it appears that learned counsel for the O.P. No.2 is seeking adjournment, but not complied with the terms of the settlement. It appears that O.P. No.2 (husband) is not sincere and is only delaying the matter with some oblique motive. Fraud in any form vitiates the entire proceeding, and O.P. No.2 appears to have entered into settlement at the time of hearing of anticipatory application without any intention to comply with its term.

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6. Accordingly, the anticipatory bail granted to the O.P. No.2 (husband) vide order dated 20.07.2022 passed in ABA No.3624 of 2022 (arising out of Penk Narayanpur P.S. Case No.03 of 2022 & G.R. No.144 of 2022) is cancelled and he is directed to surrender before the learned

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Court below within two weeks of the order. The learned Trial Court is directed to proceed as per law against the petitioner.

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Cr. M. P. is allowed.

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( Gautam Kumar Choudhary, J. )

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Sandeep/

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Vimla Kumari Alias Vimla Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Vimla Kumari Alias Vimla Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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