Petitioner challenged bail cancellation of accused state officer on ground of false affidavit regarding unmarried status. Court held criminal trial pending and plaintiff free to prove allurement and lack of marriage by evidence in trial rather than quashing bail.
Application for cancellation of bail dismissed.
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Patna High Court Cr.Misc. No.46793 of 2013 (5) dt.03-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46793 of 2013
====================================================== 1. Suman Kumari @ Suman Devi Wife Of Mukesh Kumar Nirala, Son Of Sri Kapildeo Prasad Yadav Resident Of Bardiha, P.S. -Pakri Barama, District - Nawada, At Bihar Sharif, Daughter Of Arjun Pandit, Resident Of Village - Tarakhar, P.S. - Giriyak, District - Nalanda At Biharsharif, Presently C/O Bhola Prasad, Mohalla - Rastriyaganj, P.O. + P.S. - Phulwarisharif, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Mukesh Kumar Nirala S/O Sri Kapildeo Prasad Yadav Resident Of Village - Bardiha, P.S. - Pakri Barama, District - Nawada At Biharsharif, Presently Posted As Junior Intellegence Officer Wiereless Telegraphe, Intelligence Bureau Izol, Mizoram .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 5 03-07-2014 In the bail application of opposite party no.2 the petitioner had appeared. She was represented by a learned senior counsel of this Court and she had also filed her counter affidavit. This Court recollects that she was present in the Court also. In presence of her, counter affidavit was considered and finding her statement in paragraph 6 of the counter affidavit as denying that she was married from before, this Court considered it a fit case for grant bail. Hence, application was allowed. Now this application for cancellation of bail has been filed on the ground that the petitioner was not married and a
Patna High Court Cr.Misc. No.46793 of 2013 (5) dt.03-07-2014
wrong statement had been made in paragraph 6 of the counter affidavit without her knowledge. If that was so, she should have filed application against the learned counsel before the Bar Council. This was not done and now she is resiling from the said statement made in paragraph 6 of the counter affidavit.
This Court cannot allow this now. The criminal trial is still pending in which the opposite party no.2 is an accused. Petitioner is an informant and she has liberty to take steps in the criminal trial itself by leading evidence to prove that she was actually allured by opposite party no.2 with a promise to marry her. She can also produce evidence in the trial that in fact she was not married from before. Any observation made by this Court in bail order obviously shall not come in the way of petitioner in leading evidence in support of her case in the trial.
The application is dismissed.
(Jayanandan Singh, J)
Arvind/-
U
2 issues framed by the court
Whether a convicted person can be granted anticipatory bail or bail after withdrawing false statement made in court affidavit.
Whether the criminal trial plaintiff can claim to have been allured with promise to marry by the accused defendant to stand her ground in trial and withdraw previous false affidavit statement.
Suman Kumari @ Suman Devi
The State Of Bihar
Mukesh Kumar Nirala
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
