Dipak Purve @ Deepak Kumar Purbey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Dipak Purve @ Deepak Kumar Purbey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing application dismissed. However, directions issued: the petitioner is to appear before the Principal Judge, Family Court, Samastipur on 23rd August 2024 in Maintenance Case No. 125 of 2024; the maintenance case is to be disposed of within three months of his appearance; ex-parte proceedings may be taken against the non-cooperative party.

Issue for consideration

Whether the order dated 15.02.2024 passed by the 10th Additional Sessions Judge, Samastipur in Cr. Misc. No. 151 of 2023, dismissing the petitioner's anticipatory bail for non-honouring of his undertaking, is liable to be quashed.

Court's answer

Once a person gives an undertaking before any Court, he cannot take back that undertaking on his will; he has to honour the undertaking given by him.

Ratio / Principle

No illegality was found in the impugned order dismissing the petitioner's anticipatory bail for breach of undertaking, and accordingly the quashing application was dismissed.

Key takeaways

Direction issued: the petitioner, who now has knowledge of Maintenance Case No. 125 of 2024, is to appear before the Principal Judge, Family Court, Samastipur on 23rd August 2024; the maintenance case is to be disposed of within three months of his appearance, and the Family Court may proceed ex-parte against the non-cooperative party.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — cancellation for breach of undertaking — petitioner's anticipatory bail was dismissed by the 10th Additional Sessions Judge, Samastipur (order dated 15.02.2024 in Cr. Misc. No. 151 of 2023) because he failed to honour his undertaking given in the court below to keep his wife properly. Patna High Court (Sandeep Kumar, J.) held that once a person gives an undertaking before any Court, he cannot retract it at his will and must honour it; finding no illegality in the impugned order, the quashing application under Criminal Miscellaneous No. 26105 of 2024 was dismissed. The petitioner declined to stay with his wife (opposite party no. 2) or settle the matrimonial dispute. Directions were issued that the petitioner, now aware of Maintenance Case No. 125 of 2024 filed by the wife before the Principal Judge, Family Court, Samastipur, shall appear thereon 23rd August 2024, with the maintenance case to be decided within three months of his appearance and liberty to proceed ex-parte against the non-cooperative party.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26105 of 2024

Arising Out of PS. Case No.-137 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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

Dipak Purve @ Deepak Kumar Purbey son of Ramgulam Purvey VillageSupaul Bazar Kheba Tole Pulwa Ps- Biraul Dist- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar Bihar

Sonam Kumari @ Sonam Devi D/o- Sanjay Nayak Village- Salha PsSinghiya Dist- Samastipur

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr.Amar Kumar Singh, Advocate For the Opposite Party/s : Mr.Amitesh Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

5 08-08-2024 Heard the parties.

2. The present application has been filed for quashing

the order dated 15.02.2024 in Cr. Misc. No. 151 of 2023 passed by 10^th Additional Sessions Judge, Samastipur by which the anticipatory bail granted to the petitioner has been dismissed because of the fact that the petitioner has not honoured the undertaking given by him in the Court below. The petitioner had given an undertaking that he will keep his wife properly.

3. Earlier the petitioner and the opposite party no. 2 had appeared. The Opposite Party no. 2 appeared again.

4. The petitioner is not ready to stay with the opposite party no. 2 and he is not ready to settle the dispute with the

Patna High Court CR. MISC. No.26105 of 2024(5) dt.08-08-2024 2/2

opposite party no. 2.

5. Once a person gives an undertaking before any Court, he cannot take back that undertaking on his will. He has to honour the undertaking given by him.

6. In these circumstances, I do not find any illegality in the impugned order. Accordingly, the application stands dismissed.

7. It has been submitted by the learned counsel for the opposite party no. 2 that the opposite party no. 2-wife has filed a maintenance case bearing Maintenance Case No. 125 of 2024 in the Court of Principle Judge, Family Court, Samastipur. The petitioner has now knowledge about the maintenance case. He will appear in the Court of Principal Judge, Family Court, Samastipur on 23^rd of August 2024. The Maintenance case shall be disposed of within a period of three months of the appearance of the petitioner. The Principal Judge, Family Court, Samastipur will proceed ex-parte against the non-cooperative party.

(Sandeep Kumar, J)

Jagdish/-

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