Dismissed

Sweta Joshi v. the State of Bihar and Ors.

Patna HC10 Apr 2024CR. MISC./17683/2024

Case brief

AI extract

What is this about?

Criminal Misc. No.17683 of 2024, the Patna High Court considered an application for cancellation of bail granted to the respondent in a dowry case. The petitioner alleged threats and evidence tampering, but the court found no misrepresentation or violation of bail conditions, rejecting the application.

What did the court decide?

Application for cancellation of bail granted to the applicant is rejected.

Sweta Joshi Vs the State of Bihar and Ors. — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17683 of 2024

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Arising Out of PS. Case No.-2392 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali

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======================================================

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Sweta Joshi Daughter Of Nagendra Joshi Aka Nagendra Prasad R/O-Area Of Makar Bazar (Nepal Medical Hall), P.O.-Maker, P.S.-Maker, Distt.-Saran, Bihar

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... ... Petitioner/s

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Versus

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The State Of Bihar And Ors Bihar

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Ravi Kumar Son Of Dinesh Prasad R/O-Area Of Agarpur (Chakbandi Road Lalganj) P.O.-Lalhanj, P.S.-Lalganj, Distt.-Vaishali, Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Prabhat Kumar, Adv. For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 10-04-2024 This is an application for cancellation of bail granted to the Opposite Party No. 2 by this Court vide order dated 19.12.2023 passed in Cr. Misc. No. 48327 of 2023 arising out of Complaint Case No. 2392/2022 pending in the Court of learned A.C.J.M.-II, Vaishali at Hajipur.

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2 . Learned counsel for the petitioner submitted that the O.P. No. 2 got the privilege of bail with mala fide intention. Learned counsel has further submitted that the O.P. No. 2 is regularly threatening the members of the family of the petitioner and forcing them to withdraw the complaint, failing which the petitioner and her family members would be subjected to severe

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Patna High Court CR. MISC. No.17683 of 2024(3) dt.10-04-2024 2/3

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bodily harm. Learned counsel has further submitted that the offence of dowry is a serious matter and the accused person may tamper with the evidence. Learned counsel has further submitted that the bail order dated 19.12.2023 passed in Cr. Misc. No. 48327 of 2023 is a cryptic order.

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3 . Learned A.P.P. for the State is present but the learned counsel for the informant did not appear before the court during hearing of the said bail. Learned counsel has further submitted that there is no suppression of material fact by the petitioner. No application with regard to threat and tampering with the evidence were filed to the concerned police station and the learned court below. Learned counsel has further submitted that the bail order dated 19.12.2023 passed in Cr. Misc. No. 48327 of 2023 passed by this court on merit and it is not a cryptic order. Learned counsel has further submitted that the petitioner never misused the privilege of bail granted by the Hon’ble Court. Learned counsel has placed the reliance on the judgment of Abdul Basit @ Raju & Ors. Etc. Md. Abdul Kadir Chaudhary (2014) 10 SCC 754 in which the Supreme Court noted that “the considerations for grant of bail and cancellation thereof are entirely different. The bail could be cancelled if the court is satisfied that after being released on

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Patna High Court CR. MISC. No.17683 of 2024(3) dt.10-04-2024 3/3

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bail”:-

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(a) The accused has misused the liberty granted to

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him;

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(b) flouted the conditions of the bail order;

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provisions restricting the powers of the court to grant bail;

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(d) or that the bail was procured by

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misrepresentation or fraud.

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4 . In light of the aforementioned facts, none of the aforementioned conditions existed to cancel the bail. Accordingly, the instant application for cancellation of bail granted to the Opposite Party No. 2 is rejected.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Sweta Joshi v. the State of Bihar and Ors.

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Sweta Joshi v. the State of Bihar and Ors.

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