Sonu Kumar Suman vs State Of Jharkhand `

Anil Kumar Choudhary

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash and set aside the order dated 21.03.2023 passed by the learned Judicial Magistrate-1st Class, Sahibganj in connection with Borio (J) P.S. Case No.284 of 2021 corresponding to G.R. No.616 of 2021 whereby and where under, without service of police paper order was passed for framing of charge. Prayer has also been made to quash and set aside the order 06.04.2024 passed by the learned Judicial Magistrate-1st Class, Sahibganj in Borio (J) P.S. Case No.284 of 2021 corresponding to G.R. No.616 of 2021 whereby and where under the learned Judicial Magistrate cancelled the bail of the accused and to quash and set aside the order dated 27.06.2024 by which non-bailable warrant of arrest has been issued against the petitioner.

Learned counsel for the petitioner submits that the petitioner is an accused of Borio (J) P.S. Case No.284 of 2021, in which after investigation of the case, police submitted charge-sheet and basing upon the same, the learned Judicial Magistrate-1st Class, Sahibganj has taken cognizance of the offences punishable under Sections 494, 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner next submits that even though the petitioner has not been served with the copy of police paper still vide order dated 29.05.2023, the case has been fixed to 04.08.2023 for framing of charge without notice of the same to the petitioner and because of the same, the petitioner could not appear and his bail has been cancelled. It is next submitted that the petitioner is a law abiding citizen and he is ready and willing to co-operate with the proceedings of the case. It is further submitted that the petitioner undertakes to surrender before the trial court being learned Judicial Magistrate-1st Class, Sahibganj in connection with Borio (J) P.S. Case No.284 of 2021 corresponding to G.R. No.616 of 2021. Hence, it is submitted that the prayer, as prayed for in this Cr.M.P., be allowed.

Learned Addl.P.P. appearing for the State opposes the prayer of the petitioner made in the instant Cr.M.P.

Considering the facts of the case and the undertaking given by the petitioner to surrender, this Cr.M.P. is disposed of with a direction to the petitioner to surrender before the trial court on 07.10.2024 and in case the petitioner surrenders and prays for regular bail, he will be admitted to bail on furnishing fresh bail bond of Rs.25,000/- with two sureties with any condition to be imposed by the learned Judicial Magistrate-1st Class, Sahibganj and after supply of the police paper only, the learned Judicial Magistrate-1st Class, Sahibganj may consider framing of charge.

This Cr.M.P. is disposed of accordingly.