IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32645 of 2009 MUNNA SINGH @ MANISH KUMAR SINGH s/o Sri Surendra Singh, resident of village- Manikpura, P.S. Bhagwanpur, District- Siwan. Versus 1. STATE OF BIHAR 2. Jaglal Singh s/o late Shivanandan Singh 3. Sushila Devi w/o Jaglal Singh 4. Bhuli Singh s/o Sri Jaglal Singh Opposite party nos. 2 to 4 are resident of village- Gangauki, P.S. Mashrakh, District- Saran. ----------- 3 16.12.2009 Heard Mr. N.K.Agrawal, learned Senior Counsel, who appears for the noticed opposite party in respect of cancellation of bail. This case depicts an extremely sorry state of affairs. Mashrakh P.S.Case no. 44 of 2005 was instituted on 24.3.2005 for an alleged offence under Sections 304B and 201 IPC by the informant, who happens to be the brother of the victim girl, who had been married in the year 2002 and is alleged to have been burnt and body cremated. At last, after four years, two anticipatory bail applications were filed before this Court one being Cr. Misc. No. 17426 of 2009 by the father-in-law, mother-in-law and brother-in-law of the victim girl and Cr. Misc. No. 22730 of 2009 by the husband of the deceased. Both were taken up together and disposed of by order dated 6.7.2009. By the said common order so far as husband Sanjeev Singh is concerned, he was directed to surrender and pray for regular bail and as such his anticipatory bail application was dismissed. So far as other application on behalf of father-in-law, mother-in-law and brother-in-law is concerned, it was directed that on husband 2 surrendering they would be released on bail by the learned C.J.M.,Saran at Chapra. On 8.7.2009 the order of this Court was communicated to the Court of learned C.J.M by FAX. On 13.7.2009 learned C.J.M., recorded an order , which states that the husband’s application has been rejected and has been directed to surrender and pray for bail. So far other persons are concerned this Court (High Court) has granted them anticipatory bail. The fax is directed to be kept on record. It appears that on the same day, the father-in-law, mother-in-law and the brother-in-law also filed application for surrender-cum-bail, which application itself was misconceived and ought not to have been filed because admittedly the husband had not yet surrendered. Surely there wre more things than what meet the eyes. When the matter was called out it was not the C.J.M but Incharge C.J.M. who took up the matter and on the same day i.e. 13.7.2009 he recorded that on repeated calls no one appeared to press that application and as such that bail application was rejected. This did not detour the buse. On the next day, C.J.M., again assumed charge. This time straightway applications were filed to file bail bonds , as directed by this Court and the C.J.M accepted the bail bond and released the father-in-law, mother-in-law and the brother-in-law on bail even though the order of the High Court was there that they could not be released till the husband surrendered and every one knew that the husband had not surrendered , yet they acted in deliberate defiance of the order of this Court and not out of ignorance of the order of this Court. It is now stated that though they 3 were all granted bail on 14.7.2009, the husband has since surrendered on 14.9.2009. I may only mention that this application for cancellation was filed on 2nd September, 2009. Obviously it is after these steps were taken by the informant that the wisdom gained and husband surrendered. This clearly shows that not only the three persons, who were admitted to bail acted wrongly and contrary to the order of this Court regrettably , a senior judicial officer of the rank of C.J.M played hand in gloves, The bail so granted by him was contrary to the order of this Court and in defiance thereof. The manner in which the persons conducted themselves i.e first having filed bail application without cause and contrary to the High Court direction then not pressing it and when the judicial officer changed and then getting away with bail when the C.J.M. returned speaks volume. In such a situation, I have no option but to cancel the bail of Jaglal Singh, Bhuli Singh and Sushila Devi granted in the aforesaid case and direct them to surrender in the court below, which would consider their application only after perusing the case diary in that regard. This application stands disposed of. Singh (Navaniti Prasad Singh, J.)