SAMIRAN KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr.M.P. has been filed to cancel the anticipatory bail granted to the opposite party No.2 vide order dated 17.05.2019 passed in A.B.A. No.3070 of 2019.

(2.) It is submitted by the learned counsel for the petitioner that the said anticipatory bail application was filed in this Court on 02.05.2019 but prior to that the process under Section 82 Cr.P.C. was issued against the opposite party No.2 on 22.04.2019. It is next submitted that the opposite party No.2 suppressed the material fact of issuance of process under Section 82 Cr.P.C. and he had been granted the privileges of anticipatory bail. Hence, it is submitted that the anticipatory bail granted to the opposite party No.2 be cancelled.

(3.) Learned counsel for the opposite party No.2 drawing attention of this court to his counter affidavit filed in this case submits that the opposite party No.2 and his Pairvikar had no knowledge about the issuance of process under Section 82 Cr.P.C. having issued against the opposite party No.2 on 22.04.2019 which was received by the Investigating Officer of the case only on 09.05.2019 and till the date of filing of the anticipatory bail application the proclamation of the notice issued under Section 82 Cr.P.C. was not made, hence, the opposite party No.2 being unaware of the fact, cannot be an accused of suppression of fact. It is then submitted that consequent upon grant of the said anticipatory bail, the opposite party No.2 has already surrendered before the court concerned on 23.05.2019 and he has been admitted to bail and there is no allegation against him of misusing the privileges of bail either by tampering with evidence or absconding or not co-operating with the investigation of the case. It is also submitted that the law does not bar granting the privileges of anticipatory bail merely because the Magistrate passing an order for issuing the process under Section 82 Cr.P.C. Hence, it is submitted that the instant petition being without any merit be dismissed.