Sanjita Oraon vs State Of Jharkhand And Ors

C.A.V On: 08/07/2019

The present Cr.M.P. has been filed for cancellation of bail granted to the O.P. No.2 under order dated 03/08/2017 passed in A.B.A No.2640/2016 in connection with Sisai P.S. Case No. 21 of 2016, corresponding to G.R. No. 107 of 2016 for the offence under sections 313/323/354/354(A)/376/506 I.P.C and 8 of POCSO Act.

It appears that A.B.A No. 2640 of 2016 was filed on 12.07.2017. Further, on 02.09.2016, counsel for the O.P. No. 2 appeared and interim protection was granted to the petitioner and both the parties were directed to remain physically present before this Court.

Further, it appears that on 17.10.2016, both the parties were physically present and it was submitted that petitioner and O.P. No. 2 were going to solemnize their marriage under the Special Marriage Act, before the Registrar of Marriage, Gumla. Thereafter, the petitioner was granted provisional bail till 18.01.2017 and the petitioner was directed to pay ad interim maintenance @ Rs, 5,000/- per month to O.P. No. 2 from October, 2016 and the petitioner was directed to pay the aforesaid amount to the O.P. No. 2 by 10h day of each month till disposal of the case.

Further, if the petitioner fails to pay the aforesaid amount for two successive months, it was open to O.P. No. 2 to file an application before this Court for cancellation of the petitioner's bail. The matter was listed on 18.01.2017 and it was submitted by the counsel for the petitioner that a registered marriage is to be solemnized between the parties on 20.01.2017. Thereafter the matter was adjourned for 16.02.2017 and provisional anticipatory bail granted to the petitioner was extended till 15.02.2017. On 16.02.2017, though a supplementary affidavit bringing on record the certificate of marriage dated 20.01.2017 was filed but it was stated by the O.P. No. 2 that though she was marriage with the petitioner but he is not taking and keeping her and petitioner is residing in the company of another woman at Chainpur P.S. although this fact was denied by the petitioner.

Thereafter, report was called from the Superintendent of Police, Daltonganj as to whether petitioner is residing with company of another woman at Chainpur P.S. The matter was adjourned for 19.04.2017 on that date required report was not received, the matter was adjourned for 14.06.2017 report was received and copy of report was supplied to the counsel for the parties. The matter was adjourned for 03.07.2017.

The report of Dy. Superintendent of Police (Headquarter), Palamau revealed that after investigation, he has not found any substance that petitioner is in relation with other lady. . The matter was adjourned for 03.08.2017. Under order dated 03.08.2018 the provisional bail granted to the petitioner under order dated 17.10.2016 was confirmed on the condition that the petitioner will continue to pay the ad interm maintenance amount @ Rs. 5,000/- per month till the disposal of the case.

The instant criminal miscellaneous application has been filed on 18.09.2018 and under order dated 2.11.2018, notice was directed to be issued to the O.P. No. 2 and Rule was made returnable within 10 weeks. The matter was listed on 11.01.2019. On that date neither service report nor A/D or undelivered cover was received, hence office was directed to call for report with regard to notice and further Principal District & Sessions Judge, Gumla was directed to hold enquriry fixing responsibility upon the concerned persons as to when notice was sent through the process server to O.P. No. 2.

This matter was listed on 15.02.2019. The required report dated 21.01.2019 received which revealed that notice has not been received in Gumla Judgeship. Thereafter, Joint Registrar (Judicial) was directed to hold enquiry as to when notice was issued upon O.P. No. 2 by the office. The matter was listed on 24.04.2019.

On 24.04.2019, counsel for the O.P. No. 2 appeared and sought time for filing counter-affidavit, further enquiry report submitted by the Joint (Registrar) Judicial was received. The matter was adjourned for 24. 06.2019.

On 24.06.2019 counsel for O.P. No. 2 further sought time for filing counter affidavit which was allowed subject to condition of disposition of Rs. 11,00/- by the O.P. No. 2 before the Secretary/President, Jharkhand High Court Advocates' Clerk Association latest by 02.07.2019. Thereafter the matter was adjounted for today itself i.e 08.07.2019. Today, also counter-affidavit has not been filed neither in terms of order dated 24.06.2019 amount of Rs, 11,00/- has been deposited as it was submitted that he has not contact with the O.P. No. 2.

Thereafter the matter was heard on merit on today.

Perused the enquiry report dated 23.04.2019 submitted by Joint Registrar(Judicial) which reveals that explanation was called from Sri Pratibha Horo, Assistant and Sri Devanand Sharma, Assistant and after enquiry it was found that the notice upon O.P. No. 2 was dispatched by the Dispatch Section vide Memo No. 17474 dated 24.11.2018 through ordinary post to the Principal District & Sessions Judge, Gumla.

In view of the matter, no further action is required to be taken.

Today, it has been submitted by the counsel for the petitioner that in terms of order dated 17.10.2016 and 03.08.2017 the O.P. No. 2 is not paying the ad interim maintenance amount to the petitioner as O.P. No. 2 has stopped depositing the maintenance amount since July, 2018 and he has willfully violated the order of the Hon'ble Court. Further, it has been submitted that O.P.No.2 has illicit relationship with one Punam Kumari and he has a daughter out of that illicit relationship.

It appears that under order dated 17.10.2016 and 03.08.2017(A.B.A. No. 2640 of 2016) there was strict direction of this Court that petitioner (O.P. No. 2 herein) will pay Rs. 5,000/- to the O.P. No. 2 (petitioner herein) till disposal of the case but O.P. No. 2 has not complied the aforesaid order and stopped to pay the aforesaid maintenance amount to the petitioner till July, 2018 to the O.P. No. 2. Thus, O.P. No. 2 has violated the order of the Hon'ble Court by not depositing the ad interim maintenance, Cr.M.P. No.3321 of 2018 stands allowed and the provisional anticipatory bail granted to the O.P. No. 2 under order dated 17.10.2016 and confirmed under order dated 03.08.2017 in A.B.A. No.2640 of 2016 is hereby cancelled. The trial court is directed to take all coercive step against the O.P. No. 2 including issuance of non-bailable warrant of arrest for his apprehension and submit report to this Court.

List this case after submission of report.

Let a copy of this order be communicated to the Court below through FAX.