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2017 DIGILAW 1292 (JHR)

Nargish Bano v. State Of Jharkhand

2017-07-27

ANANT BIJAY SINGH

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JUDGMENT Anant Bijay Singh, J. (CAV) - Heard learned counsel for the petitioner and the learned APP. 2. Learned counsel for the petitioner while referring the order dated 27.10.2016 passed in ABA No. 3123/2016 has submitted that the petitioner-Md. Asfaque Ansari @ Sonu has defaulted in paying the ad interim maintenance of Rs. 5,000/- per month for two successive months i.e. February and March, 2017 as per direction of this Court. 3. It appears that under order dated 05.05.2017 notice was issued to O.P. No. 2-Md. Asfaque Ansari @ Sonu by both process but the office note dated 13.07.2017 reflects that although notice was issued to O.P. No. 2 by both process and un-served service report received with report of Nazir that O.P. No. 2-Md. Asfaque Ansari @ Sonu refused to accept the notice but undelivered registered cover or A/D has not yet been received. 4. Further, since the undelivered registered cover or A/D has not been received and more than 30 days have been passed, so under the provisions of General Clauses Act, the notice issued to O.P. No. 2 is deemed to be served validly. Hence, the matter is heard on merit. 5. Learned counsel for the petitioner has relied upon the judgment of Hon''ble Supreme Court in P.K. Shaji v. State of Kerala reported in AIR 2006 SC 100 and judgment of Hon''ble Patna High Court in Rekha Sharma v. State of Bihar & Anr. (passed on 13.04.2011 in Cr. Misc. No. 17608/2010) and also relied upon the judgment of Hon''ble Calcutta High Court in Shabnam Ali v. The State of West Bengal & Anr. (passed on 28.03.2017 in CRM No. 5897 of 2016) has submitted that the O.P. No. 2 has violated the terms and conditions on which he had been granted anticipatory bail. 6. Learned counsel for the petitioner has submitted that the O.P. No. 2 has defaulted in paying the ad interim maintenance of Rs. 5,000/- per month for two successive months i.e. February and March, 2017 as per direction of this Court, hence the anticipatory bail earlier granted to the O.P. No. 2-Md. Asfaque Ansari @ Sonu on 27.10.2017 in ABA No. 3123/2016 may be cancelled. 7. 5,000/- per month for two successive months i.e. February and March, 2017 as per direction of this Court, hence the anticipatory bail earlier granted to the O.P. No. 2-Md. Asfaque Ansari @ Sonu on 27.10.2017 in ABA No. 3123/2016 may be cancelled. 7. After hearing learned counsel for the parties and going through the orders of the present application and the earlier anticipatory bail application and also going through the judgments relied upon by the learned counsel for the petitioner, I am of the view that the O.P. No. 2 has violated the terms and conditions of the order dated 27.10.2016 passed in ABA No. 3123/2016. 8. In that view of the matter, the Cr. M.P. No. 1062/2017 is allowed and the order of anticipatory bail earlier granted to the O.P. No. 2 Md. Asfaque Ansari @ Sonu on 27.10.2016 is hereby recalled and the bail bonds furnished by O.P. No. 2 is cancelled. 9. The trial court is directed to issue non bailable warrant of arrest against O.P. No. 2-Md. Asfaque Ansari @ Sonu for his arrest and also issue notice to the bailors to ensure the presence of O.P. No. 2-Md. Asfaque Ansari @ Sonu and submit a report to this Court within 12 weeks. 10. List this case after Twelve Weeks under the heading for "Orders".