Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3116 of 2012 ====================================================== 1. Ashok Lal Gupta @ Ashok Kumar M. Prasad. 2. Sadan Lal Gupta @ Sadan Bhai Gupta. 3. Smt. Madhuri Devi, W/o Ashok Lal Gupta @ Ashok Kumar M. Prasad. 4. Smt. Pratima Devi, W/o Sadan Lal Gupta @ Sadan Bhai Gupta. 5. Amit Kumar @ Amit Kumar Gupta, S/o Ashok Lal Gupta @ Ashok Kumar M. Prasad. 6. Sujit Kumar @ Sujit Gupta, S/o Ashok Lal Gupta @ Ashok Kumar M. Prasad. All are residents of Flat No. B-C/7, Hari Kripa Apartment, Cadila Railway Crossing, P.S - Badhwa, District- Ahmadabad (Gujarat). .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kejriwal, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 06-02-2012 Heard the parties. The petitioners are aggrieved by the order dated 4.11.2011 passed by Sri Kumar Gunjan, learned Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 1438 of 2009, whereby the representation petition filed by the petitioner under section 317 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’) has been rejected and the bail bonds have been cancelled and non-bailable warrant of arrest has been issued against the petitioners. The facts of the case are in very narrow compass. The complaint case in question was filed alleging offences Patna High Court Cr.Misc. No.3116 of 2012 (2) dt.06-02-2012 2 punishable under [STATUTE] and cognizance was taken for the offences aforesaid. The complaint was instituted against the husband and his family members. The petitioners herein are brothers of the husband of the complainant, their respective wives and children. It is contended that they are stationed at Ahmedabad in Gujarat. They filed an application for discharge under section 245 of the Code on 28.3.2011 and which was dismissed by the learned Magistrate by order dated 8.9.2011 prompting the petitioners to file a criminal revision bearing Criminal Revision No.144 of 2011 before the learned Sessions Judge, Gaya. It is stated that the criminal revision filed against the order rejecting discharge was heard by the learned Sessions Judge, Gaya who, by order dated 13.10.2011, was pleased to admit the revision application and called for the lower court records. The said revision application was thereafter transferred for hearing to the 1st Additional District and Sessions Judge, Gaya and was renumbered as Criminal Revision No.144 of 2011/26 of 2011. The order admitting the criminal revision having been communicated to the learned Magistrate, by order dated 15.10.2011 the records were transmitted to the revisional court. Learned counsel for the petitioners submits that the original record having been transmitted to the revisional court Patna High Court Cr.Misc. No.3116 of 2012 (2) dt.06-02-2012 3 and shadow proceeding maintained before the trial court, since the next date fixed before the learned Magistrate was 17.10.2011, the petitioners filed the representation petition under section 317 of the Code and which was accepted with further stipulation requiring the petitioners to be present on the next date. The next date was fixed for 4.11.2011. Although an appropriate representation petition had been filed by the petitioners through counsel under section 317 of the Code which has also been accepted by the learned Judicial Magistrate, Gaya but by order passed on 4.11.2011 the same was rejected, the bail bonds of the petitioners were cancelled and non-bailable warrant of arrest issued against them. Learned counsel for the petitioners submits that the criminal revision against the order rejecting the discharge having been admitted by the revisional court and the original case records having been transmitted to the revisional court, the order rejecting the representation petition by the learned Judicial Magistrate on the shadow proceedings and the cancellation of the bail bonds as also issuance of non-bailable warrant of arrest are not sustainable and the learned Magistrate has acted with unwarranted urgency to pass the said order. It is further submitted that even otherwise the petitioners who are brothers of the husband of the complainant and stationed at Patna High Court Cr.Misc. No.3116 of 2012 (2) dt.06-02-2012 4 Gujarat the order rejecting the representation petition was wholly uncalled for. Having heard learned counsel for the parties and having perused the materials on record this Court is of the opinion that the learned Magistrate has unnecessarily proceeded with uncalled for urgency. The revisional court having admitted the revision application of the petitioners against the order rejecting discharge and the lower court records having been transmitted to the revisional court the learned Magistrate ought to have waited for the final order to be passed in the revision proceeding, before proceeding to cancel the bail bonds of the petitioners. It is by now well settled that bail bonds are cancelled only for misuse of the privilege by person concerned, since after his release. No such case has been made out in the present case. The matter pending consideration before a superior court, there was no such occasion to pass the order impugned. For the reasons aforesaid, the order dated 4.11.2011 passed by Sri Kumar Gunjan, Judicial Magistrate 1st Cass, Gaya in Complaint Case No.1438 of 2009 is set aside. This application is allowed. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.