RASHMI BHOLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the applications, the part of the order dated 30.9.2003 passed in Criminal Misc. (B.C.) 45 of 2002 by the Sessions Judge, Patna, has been challenged. Therefore, both the applications have been heard together and are being disposed of by this common order.

(2.) By the impugned order dated 30.9.2003, the Sessions Judge, Patna, disposed of Criminal Misc. (B.C.) 45 of 2002 filed on behalf of Rashmi Bhola (petitioner in Criminal Misc. No.30245 of 2003 and opposite party no.2 in Criminal Misc. No.31563 of 2003), allowing the prayer with respect to cancellation of bail bonds of Shashi Kumar Bhola (petitioner in Criminal Misc. No.31563 of 2003) and refusing the prayer with respect to cancellation of bail bonds of Om Prakash Bhola, Rajesh Bhola and Rita Sahgal alias Anjali (opposite party nos.2 to 4 in Criminal Misc. No.30245 of 2003).

(3.) The brief facts, leading to both applications, are that on the basis of the written report of Rashmi Bhola (petitioner in Criminal Misc. No.30245 of 2003 and opposite party no.2 in Criminal Misc. No.31563 of 2003), S.K. Puri P.S. Case No.167 of 2000 was instituted on 27.11.2000 under Section 498-A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against her husband, Shashi Kumar Bhola (petitioner in Criminal Misc. No.31563 of 2003), father-inlaw, Om Prakash Bhola (opposite party no.2 in Criminal Misc. No.30245 of 2003), mother-in-law, Shanti Bhola, brother-in-law (dewar), Rajesh Bhola (opposite party no.3 in Criminal Misc. No.30245 of 2003) and sister-in-law (nanad), Rita Sahgal alias Anjali (opposite party no. 4 in Criminal Misc. No.30245 of 2003). On submission of the chargesheet, the court of the Chief Judicial Magistrate, took the cognizance of the offence against all the aforesaid accused, named in the First Information Report, under Sections 323, 379 and 498-A of the Indian Penal Code on 3.7.2001 and transferred the records for disposal to the court of Sri S.K. Pandey, Judicial Magistrate, First Class, Patna. Thereafter, all the aforesaid accused persons filed Anticipatory Bail Petition bearing A.B.P. No.1591 of 2001 before the Sessions Judge, Patna and the same was allowed on the ground of compromise between the parties vide order dated 20.9.2001. Thereafter, all the accused surrendered in the court of Sri S.K. Pandey, Judicial Magistrate, First Class, Patna, where the case was pending for disposal, and they were released on bail on 28.9.2001 in the light of the order dated 20.9.2001 passed by the Sessions Judge, Patna in A.B.P. No.1591 of 2001. Thereafter, Rashmi Bhola, was again being tortured, hence, she filed a petition for cancellation of bail bonds granted to the accused persons, named in the First Information Report, in the court of Sri S.K. Pandey, Judicial Magistrate, First Class, on 17.1.2002, who rejected the same vide order dated 16.3.2002 on the ground that since bail was granted to the accused persons by the Sessions Judge, Patna, so it is proper to hear cancellation of bail by the Sessions Judge, Patna. Thereafter, Rashmi Bhola, filed the application for cancellation of bail granted to her husband, Shashi Kumar Bhola, fatherin-law, Om Prakash Bhola, brother-in-law (dewar), Rajesh Bhola andsister-in-law (nanad), Rita Sahgal alias Anjali, bearing Cr. Misc. (B.C.) 45 of 2002 in the court of the Sessions Judge, Patna, who after hearing the parties, cancelled the bail bonds of Shashi Kumar Bhola, the husband of Rashmi Bhola, with a direction to surrender in the court below within one month from the date of communication of the court s order and refused to cancel the bail bonds of father-in-law, Om Prakash Bhola, brother-in-law (dewar), Rajesh Bhola and sister-in-law (nanad), Rita Sahgal alias Anjali, of Rashmi Bhola, vide order dated 30.9.2003.