High Court quashed an order cancelling petitioners' bail in a dowry death case after noting the non-appearance was due to administrative transfer without intimation.
Order dated 16.12.2013 cancelling bail bonds was quashed; petitioners directed to appear on next date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9680 of 2014
====================================================== 1. Raj Kumar Mahton Son Of Lalu Mahton @ Ashok Kumar Singh 2. Lalu Mahton @ Ashok Kumar Singh, Son Of Late Kedar Nath Singh 3. Renu Devi, Wife Of Lalu Mahton @ Ashok Kumar Singh All Resident Of Village- Jogia Talab, P.S.- Pirpainty, District- Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Uma Shankar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 28-04-2014 Heard learned counsel for the parties. The present application has been filed for quashing the order dated 16.12.2013 passed by the learned Adhoc Additional Sessions Judge I, Bhagalpur in S.T. No. 419 of 2013 arising out of Pirpainti P.S. Case No. 125 of 2012 registered for the offences punishable under sections 304B/34 of the Indian Penal Code whereby the bail bonds of the petitioners have been cancelled since they were not appearing since 7.11.2013.
It is submitted by learned counsel for the petitioners that the matter was before the learned 1st Additional Sessions Judge, Bhagalpur on 24.10.2013 when all the three accused persons filed their attendance and the matter was adjourned to 7.1.2013 for considering the discharge application but on
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6.11.2013, by an administrative order, the matter was transferred to the I/c Adhoc ADJ – I, Bhagalpur but the petitioners had no intimation of the case being transferred. The petitioners appeared before the learned Ist Additional Sessions Judge on 7.11.2013 but the matter was adjourned to 18.1.2014 which gets reflected through the cause list dated 7.11.2013 of the court of learned Ist ADJ which has been brought on record as Annexure 3. As a result, the petitioners could not appear on on three consecutive occasion including on 7.11.2013 before the learned I/c Adhoc ADJ – I, Bhagalpur when the matter was adjourned to 2.12.2013 and thereafter on 16.12.2013.
It appears from the records that prior to the transfer of the case, the petitioners appeared before the learned Ist Additional Sessions Judge on 24.10.2013. The matter was adjourned to 7.11.2013 but by administrative order dated 6.11.2013 matter was transferred to the court of the learned I/c Adhoc ADJ – I without any intimation to the petitioners, hence, the petitioners could not appear on 7.11.2013, 2.12.2013 and 16.12.2013 before the transferee court.
Considering the aforesaid facts and in the interest of justice, the order dated 16.12.2013 passed by the learned Adhoc ADJ – I, Bhagalpur in S.T. No. 419 of 2013 arising out of
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Pirpainti P.S. Case No. 125 of 2012 is quashed. The petitioners will appear before the learned court below on the next date fixed. The learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners default without any reasonable cause on two consecutive occasions.
This application is accordingly disposed of.
(Dinesh Kumar Singh, J)
Anil/-
1 issue framed by the court
Whether the cancellation of bail bonds due to the petitioners' non-appearance caused by administrative transfer without intimation should be quashed.
1 provisions across 1 enactments
Raj Kumar Mahton
Lalu Mahton
Renu Devi
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
