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2025 DIGILAW 956 (JHR)

Nasim Akhtar S/o Abdul Razzak Khan v. State of Jharkhand

2025-03-21

ANIL KUMAR CHOUDHARY

body2025
ORDER : 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Cr.P.C. with several prayers. 3. The brief fact of the case is that the petitioner was given the privileges of anticipatory bail with the condition that he will take the opposite party no.2 from the trial Court on 14.09.2022 and will keep and maintain the opposite party no.2 with full honor and dignity as his lawful wife. The petitioner took the opposite party no.2 from the court on 14.09.2022 and he was admitted to bail, on furnishing bail bond of Rs.25,000/- with two sureties but the petitioner acted smart and ensured that the main door of his house is locked by his relatives and after deserting the opposite party no.2 and their children in front of the locked house, the petitioner escaped deliberately. The opposite party no.2 filed an application for cancellation of bail and the learned Chief Judicial Magistrate, Ranchi keeping in view the conduct of the petitioner in violating his undertaking, cancelled the bail granted to him. It is next submitted by the learned counsel for the petitioner that the informant had evil eye on the property of the family of the petitioner especially the house, which is in the name of the mother of the petitioner. It is next submitted that the mother of the petitioner has disowned him and evicted the petitioner from her house, hence, it is submitted that the condition imposed in the order dated 26.08.2022 in Cr.M.P. No.3534 of 2021 be modified, the order dated 06.10.2022 passed by the learned Chief Judicial Magistrate, Ranchi by which the bail granted to the petitioner has been cancelled and NBW issued against him be quashed and the petitioner be allowed to remain on the bail as per the order dated 12.08.2021 in A.B.A. No.2387 of 2021. 4. 4. Learned Spl.P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently oppose the prayer and submits that the petitioner has practiced fraud upon the Courts and particularly the Court of Chief Judicial Magistrate, Ranchi as though he undertook to take the opposite party no.2 to his house and to keep and maintain her with full honor and dignity as his lawful wife but left them in front of the locked house in lurch and escaped leaving the opposite party no.2 and their children, to fend for themselves, hence, it is submitted that there is no justifiable reason to either modify the order passed by this Court or to quash the order passed by the learned Chief Judicial Magistrate, Ranchi or allow the petitioner to remain on the bail which has already been cancelled, hence, it is submitted that this Cr.M.P. being without any merit, be dismissed. 5. Having heard the submissions made at the bar and after carefully going through the materials available in the record, this court is of the considered view that the undisputed facts remains that the petitioner voluntarily undertook to take the opposite party no.2 to his house and will keep and maintain her with full honor and dignity as his lawful wife but he has practiced fraud upon the court of learned Chief Judicial Magistrate, Ranchi by, though making an undertaking that he will keep and maintain the opposite party no.2 with full honor and dignity as his lawful wife but he has taken her to his house and left her and their children in front of a locked house in lurch and escaped from that place forcing the opposite party no.2 to fend for themselves. 6. Under such circumstances, this Court in view of the conduct of the petitioner, is of the considered view that there is no justifiable reason to either modify the order by which the petitioner was granted anticipatory bail or to quash the order by which the learned Chief Judicial Magistrate, Ranchi has cancelled the bail granted to the petitioner for the failure on his part to honor his undertaking before that court and ought to have to allow the petitioner to continue on the previous bail. 7. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed.