Rajnandan Sharma vs State Of Bihar & Anr on 11 October, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31485 of 2014
Arising Out of PS.Case No. -25 Year- 2008 Thana -COMPLAINT CASE District- JAMUI

Rajnandan Sharma son of Late Janki Singh R/o village – Kahardih, P.S.
Khaira, District – Jamui
…. …. Petitioner
Versus

1. The State of Bihar

2. Nilu Devi W/o Rajnandan Sharma R/o village – Kahardih, P.S. Khaira,
District – Jamui
…. …. Opposite Party

Appearance :

For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar 1, Advocate

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date: 11-10-2017

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The petitioner is seeking quashing of the order

dated 11.08.2009 passed by learned Chief Judicial

Magistrate, Jamui in connection with Complaint Case No.

25C of 2008 by which learned Chief Judicial Magistrate took

cognizance of the offences under Section 498A of the Indian

Penal Code and issued summon against the petitioner and

other accused persons.

The petitioner is the husband and there are

serious allegations of committing acts of torture against his
Patna High Court Cr.Misc. No.31485 of 2014 dt.11-10-2017

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wife. The allegations made in the complaint petitioner have

been supported by the inquiry witnesses as well. What is

surprising is the conduct of the petitioner who is said to be

an employee in the Railway Protection Force, after summon

issued by the court of learned Chief Judicial Magistrate,

Jamui, the other four accused have surrendered and got bail.

This petitioner filed application for Anticipatory Bail up to

this court vide Cr. Misc. No. 33424/2011 which was rejected

vide order dated 29.09.2011 with the following observations

:-

“The petitioner is directed to appear before the court
below on 28.10.2011 and the court below shall enlarge
him to regular bail with appropriate bail bonds,
sureties and conditions with an undertaking that the
petitioner shall keep his wife with full security, dignity
and honour. The complainant would be at liberty to file
a petition before the court below for cancellation of his
bail bond in case he fails to provide her with full
security, dignity and honour and the court concerned
shall take appropriate action including cancelling his
bail and taking the petitioner in custody.”

The petitioner did not surrender in the court

below. Vide order dated 30.04.2012 passed by learned court

below when even after issuance of the non-bailable warrant
Patna High Court Cr.Misc. No.31485 of 2014 dt.11-10-2017

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he did not surrender, process under Section 82 Cr.P.C. was

issued against him.

It appears that after the order dated 30.04.012

was passed by the learned Chief Judicial Magistrate, Jamui,

the petitioner moved this Court under Section 482 Cr.P.C. for

quashing of the order taking cognizance vide Cr. Misc. No.

28641/2012, in which an interim order that no coercive steps

shall be taken against the petitioner was passed, by virtue of

the said interim order, the petitioner, even though further

proceeding of the court below was not stayed, did not

appear to facilitate further progress in the trial. The said Cr.

Misc. No. 28641/2012 was later on dismissed for default on

12.12.2013. The interim order protecting the petitioner was

also vacated. Thereafter, an application for restoration was

filed which was dismissed vide order dated 07.05.2014 giving

liberty to the petitioner to file a fresh quashing application in

the same subject matter after bringing on record on the

subsequent developments which might have taken place

after the date of order taking cognizance, because the court

was of the view that the order taking cognizance was

challenged after a substantial period.
Patna High Court Cr.Misc. No.31485 of 2014 dt.11-10-2017

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Because of the aforesaid liberty, the petitioner

has filed once again the present application. In course of

perusal of the records, it was found that the petitioner has

not enclosed the order-sheets for the period after

04.03.2010 and before 01.03.2013. Perhaps to avoid

attention of this Court that the petitioner had earlier not

surrender in the court below and process under Section 83

Cr.P.C. was also issued against him. Learned counsel has in

course of hearing when called upon to produce the order-

sheets of aforesaid period, made available the same from

which the complete development could be noted above.

This being the position. The conscience of the

court is disturbed to a great extent because the mode and

manner in which the petitioner has been able to escape the

process of law is likely to take away the confidence of a

person in the society in the administration of justice.

Finding that there are specific allegations against

the petitioner which are duly supported by the witnesses,

this Court is not inclined to interfere with the order taking

cognizance. The learned Chief Judicial Magistrate, Jamui shall

proceed with the matter and is directed to ensure execution
Patna High Court Cr.Misc. No.31485 of 2014 dt.11-10-2017

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of the non-bailable warrant of arrest and process in

accordance with law including by sending the process to the

office of the employer of the present petitioner. Learned

counsel for the petitioner informs this court that the

petitioner is presently posted at Jamalpur Workshop in the

District of Munger.

This application is disposed of with the above

observation and direction.

(Rajeev Ranjan Prasad, J.)
Rajeev/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.10.2017
Transmission Date 11.10.2017

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