Jharkhand High Court
Saba Shahin vs The State Of Jharkhand on 17 January, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1638 of 2021
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Saba Shahin, aged about 25 years, wife of Sakir Khan and Daughter of
Sahabjan Khan, at present residing in Village-Dandiya Kala, P.O. & P.S.-
Rehla, District-Palamau (Jharkhand).
... Petitioner
Versus
1. The State of Jharkhand
2. Sakir Khan, son of Alimuddin Khan, resident of Village-Chehoriya,
P.O. & P.S.-Nagar Untari, District-Garhwa.
... Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate
For the State : Mr. Bhola Nath Ojha, Spl.P.P.
For the OP : Mr. Manoj Kr. No.2, Advocate
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Order No:-07 Dated:-17-01-2025
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 439(2) of the Code of Criminal
Procedure with a prayer to cancel the anticipatory bail granted to the opposite
party No.2 in terms of the order dated 27.03.2019 passed in A.B.A. No.1563 of
2019 in connection with Rehla Police Station Case No.49 of 2018 corresponding
to G.R. No.779 of 2019 registered for the offences punishable under Sections
341, 323, 325, 498-A, 504, 506, 34 of the Indian Penal Code and 3/4 of the D.P.
Act, now pending in the Court of learned Chief Judicial Magistrate, Palamau at
Daltonganj.
The brief fact of the case is that the opposite party No.2 was given the
privileges of anticipatory bail with the condition that he will keep and maintain
the petitioner with full honor and dignity as his lawful wife.
Learned counsel for the opposite party no.2 and the opposite party no.2
who is present in the Court in person submits that the opposite party no.2 is
still ready and willing to keep and maintain the petitioner with full honor and
dignity as his lawful wife, but as the petitioner is not ready and willing to
resume conjugal life with the opposite party no.2 only to harass the opposite
party no.2, this false case has been foisted.
Perusal of the record reveals that on 20.12.2024, it was agreed to between
the parties that both the parties shall remain present physically in this Court
today that is on 17.01.2025 and the opposite party no.2 will take the petitioner
to his house for resuming conjugal life.
Learned counsel for the opposite party no.2 paid cost of Rs.1,000/- to the
learned counsel for the petitioner in the record towards expenses to be incurred
by the petitioner to come personally from Dandiya Kala in the district of
Palamau to Ranchi on 17.01.2025.
Today, the opposite party no.2 present in the court in person but the
petitioner is absent.
Learned senior counsel for the petitioner returns Rs.1,000/- taken by the
learned counsel for the petitioner to meet the expenses of the petitioner
travelling from Dandiya Kala to Ranchi to the opposite party no.2; which is
received by the opposite party no.2.
Learned senior counsel for the petitioner submits that since the petitioner
is apprehensive, because of the past conduct of the opposite party no.2 that the
opposite party no.2 may not keep her with full dignity and honor, hence, she is
not ready and willing to resume conjugal life with the opposite party no.2.
Since, the only condition imposed upon the opposite party no.2 while
being granted the anticipatory bail was that he will keep and maintain the
petitioner with full honor and dignity as his lawful wife which the opposite
party no.2 is still ready and willing to comply, but the petitioner is not ready
and willing to resume conjugal life, so this Court is of the considered view that
this is a frivolous petition, being the devoid of any merit.
Accordingly, this Criminal Miscellaneous Petition is dismissed with
warning to the petitioner not to file this type of frivolous petition in the future.
(Anil Kumar Choudhary, J.)
Abhiraj/
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