MALA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shailesh, learned counsel for the petitioner and Mr. M.M. Banerjee, learned counsel for the opposite party No. 2 and also heard learned Additional Public Prosecutor for the State.

(2.) THIS is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") for expunging the condition imposed in the order dated 15.6.2002 passed by the Chief Judicial Magistrate, Dhanbad in connection with Jorapokhar P.S. Case No. 110 of 2002 arising out of Complaint Case No. 546 of 2002 corresponding to G.R. No. 1150 of 2002 registered under Sections 498 -A, 341, 323, 379, 463, 469, 506 and 34 of the Indian Penal Code in which the learned Chief Judicial Magistrate, Dhanbad while granting bail to the petitioner imposed the following conditions : - -

(3.) ON the other hand, Mr. M.M. Banerjee, learned counsel appearing on behalf of opposite party No. 2 contended before me that actually the learned Chief Judicial Magistrate granted the petitioner on bail putting those condition only on the basis of the bond of undertaking already given by the petitioner (Mala Sinha) stating therein that she shall have no connection with the accused R.K Manjhi nor she will live in her quarter, failing which, she will be liable for punishment. According to learned counsel, likewise accused No. 1 also gave a bond of undertaking claiming that he shall have no connection with the petitioner Mala Sinha and Mala Sinha will not live in his quarter/bungalow, failing which, he shall be liable for penal action under the law.