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Jitendra Kushwaha @ Jitendra … vs State Of Bihar & Anr on 2 May, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47467 of 2014
Arising Out of PS.Case No. -927 Year- 2009 Thana -GOPALGANJ COMPLAINT CASE District-
GOPALGANJ

1. Jitendra Kushwaha @ Jitendra Kumar Kushwaha son of Singasan Kushwaha ,
Resident of Village- Mathia Mafi, P.S.- Bishunpura, District- Kushi Nagar
(U.P.)
…. …. Petitioner/s
Versus

1. The State of Bihar

2. Jyoti Devi wife of Jitenra Kumar Kushwaha, daughter of Rudra Narayan Singh,
Resident of Village- Rampur, P.S.- Kateya, District- Gopalganj
…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Md. Javed Alam, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P.

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 02-05-2018

This is an application under section 482 of the Code of

Criminal Procedure against the order of cancellation of bail of the

petitioner by the learned Court below.

2. The petitioner was allowed provisional Anticipatory

Bail in connection with complaint case number 927 of 2009, a case

under section 498A of Indian Penal Code by this court in Cr. Misc.

No. 38645 of 2011 by order dated 17.04.2012 vide annexure 2. The

last paragraph of the order aforesaid is being reproduced below:

“Under the facts and circumstances, the Sub-

divisional Judicial Magistrate, Gopalganj, shall call
upon the complainant and being satisfied that the
petitioner shall keep the complainant at his place of
posting shall release the petitioner on interim bail for
Patna High Court Cr.M isc. No.47467 of 2014 dt.02-05-2018

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three months on furnishing bail bond of Rs. 10,000/- with
two sureties of the like amount each to the satisfaction of
the S.D.J.M., Gopalganj in connection with complaint
case number 927 of 2009 trial number 2477 of 2010,
subject to condition as laid down under section 438 (2) of
Cr.P.C. and further after three months being satisfied
that petitioner has kept the complainant during the
period with due dignity shall confirm the bail bond with
condition that petitioner will keep the complainant with
due dignity. However, if the petitioner violates the
condition then the trial court shall proceed for
cancellation bail.”

3. The impugned order dated 18.07.2014 reveals that the

petitioner appeared before the court below in pursuance of the

aforesaid order after one year on 01.05.2013. The court below granted

provisional bail till 01.08.2013. In the meantime, petitioner did not

comply the conditions of the order of this Court. Hence, the court

below cancelled the bail bond of the petitioner after rejecting the show

cause against cancellation of bail filed by the petitioner. The

applications filed by the petitioner and the Complainant-Opposite

Party No. 2 before the court-below would reveal that there is

allegation and counter allegation.

4. Since, the court below was empowered to cancel the

provisional bail on non- fulfillment of the conditions of provisional

bail granted by this court as well as the court below was empowered
Patna High Court Cr.M isc. No.47467 of 2014 dt.02-05-2018

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to cancel the bail if the petitioner violates the conditions, this court is

not inclined to interfere with the impugned order in exercise of power

under section 482 of the Code of Criminal Procedure.

5. Accordingly, this application stands dismissed.

However, the petition would be at liberty to approach the appropriate

forum under appropriate jurisdiction.

(Birendra Kumar, J)

Mkr./Sanjeev

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.05.2018
Transmission 04.05.2018
Date

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