PRABHA TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for setting aside the order dtd. 18/5/2017 passed by learned Judicial Magistrate, 1st Class, Ranchi in Misc. Case No.02 of 2015 arising out of Mahila P.S.Case No.19 of 2011, corresponding to G.R. No.3806 of 2011 whereby the prayer for cancellation of bail granted to the O.P.No.2 has been rejected by the learned court.

(2.) Mr. A.K.Das, the learned counsel for the petitioner submits that O.P.No.2 has been granted bail in A.B.A. No.314 of 2012 by order dtd. 6/8/2012 and the same was granted on the undertaking that the O.P.No.2 shall keep the petitioner with all dignity. He submits that the O.P.No.2 has not complied the said undertaking. He further submits that the petitioner again filed the petition before this Court in which direction was issued to make enquiry about the allegation about the non- compliance of the undertaking given by the O.P.No.2 in the A.B.A petition. He submits that the mother of the O.P.No.2 has also stated in that enquiry before the learned court that O.P.No.2 has not complied with the undertaking given in the A.B.A. petition. He further submits that the O.P.No.2 is unnecessarily lingering the trial. He submits that the learned court has rejected the cancellation of bail petition by order dtd. 18/5/2017 on the ground that the trial is going on and the case is at the stage of evidence.

(3.) On the other hand, Mr. Mahesh Kumar Sinha, the learned counsel appearing on behalf of the O.P.No.2 submits that the petitioner is residing in the house of the O.P.No.2. He further submits that the trial has already proceeded and five witnesses have been examined.