The High Court cancelled the provisional bail of the petitioner in a criminal complaint arising from a domestic dispute, holding that he failed to pay the maintenance amount as required by the court conditions.
Cancels the bail bond of Gopal Kumar Sinha and recalls the order dated 24.04.2019 granting bail.
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.5486 of 2020
Arising Out of PS. Case No.-1313 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
NITU KUMARI @ NEETU KUMARI Wife of Gopal Kumar Sinha, D/O Anant Kumar Sinha At present Resident of Mohalla Shivpuri, Near Tara Apartment, P.S. Sastrinagar, District - Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Akhileshwar Dayal ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
5 19-12-2022
Heard learned counsel for the petitioner and learned
APP for the State but in spite of valid service of notice none is present on behalf of opposite party no.2.
The present application has been filed on behalf of petitioner to cancel the provisional bail of opposite party no.2, which was granted to him by a co-ordinate Bench of this Court vide order dated 24.04.2019 passed in Cr. Misc. No.2383 of 2019 with certain conditions as enumerated in the said order.
From perusal of records, it appears that the opposite party no.2 was granted provisional bail vide order dated 24.04.2019 passed in Cr. Misc. No.2383 of 2019, the relevant portion of the order reads thus:
Patna High Court CR. MISC. No.5486 of 2020(5) dt.19-12-2022 2/2
“... The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below on showing substantial proof by the petitioner to the effect that he has deposited the entire maintenance amount in the bank account of the complainant.
Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of bail of the petitioner. ”
It is submitted by learned counsel for the petitioner that opposite party no.2 has not paid a single pie in the account of the petitioner and hence the opposite party no.2 has failed to obey the order of the Family Court as well as this Hon’ble Court.
As the opposite party no.2 has failed to obey the order of this Court, I have no option but to cancel his bail bond. In the result, the order dated 24.04.2019 passed in Cr. Misc. No.2383 of 2019 is hereby recalled and this application is allowed.
Learned Court below is directed to take necessary steps in accordance with law.
(Anjani Kumar Sharan, J)
divyanshi/-
U T
1 issue framed by the court
Whether bail should be cancelled when the accused fails to comply with the conditions regarding maintenance payment?
Nitu Kumari @ Neetu Kumari
The State of Bihar
Gopal Kumar Sinha
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
