IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13407 of 2008 RACHANA KUMARI Versus THE STATE OF BIHAR & ANR ----------- 4 13.08.2008 Heard counsel for all the parties. Counsel for the petitioner while would insist on prayer of the petitioner to cancel the bail of the opposite party no. 2 on the ground of violation of the condition granting bail, counsel for the opposite party at this stage, with the help of stand taken in show cause reply of the opposite party no. 2 would only seek indulgence of this Court to condone the inadvertent error on the part of the opposite party of leaving this country without taking prior permission of the court below. This court having considered the materials on record and after hearing the parties is satisfied that the opposite party no. 2 an officer in Indian Foreign Service had in course of his official duty gone to join and stay at the place of his offshore posting and therefore there was no deliberate intention on his part to flout the conditions of grant of bail to him. Under such circumstances the prayer seeking cancellation of his bail is - 2 - hereby rejected. Counsel for the opposite party no. 2 at this stage prays that the opposite party no. 2 may be allowed to approach the Court of Chief Judicial Magistrate, Darbhanga for the purposes of obtaining permission for leaving this country and staying at his place of posting in foreign country as also seek personal exemption under Section 205 of the Code of Criminal Procedure. This Court would accordingly direct the opposite party no. 2 to appear in person before the Chief Judicial Magistrate and seek permission of the Court to continue in his abroad posting as also seek exemption of his personal appearance within a period of three months from the date of receipt/production of a copy of this order failing which the Court below will be at a liberty to pass an appropriate order by treating that the petitioner has violated the terms and conditions of grant of his bail, one of them being that he will not leave this country without prior permission of the Trial Court. In case the opposite party no. 2 - 3 - approaches the court below for this purpose by filing application(s) the same will be considered and disposed of by the Chief Judicial Magistrate, Darbhanga in accordance with law keeping in view that the opposite party no. 2 has to remain outside this country in course of his official duty in capacity of an officer of Indian Foreign service. With the aforesaid observations and directions this application is dispose of. Bibhash (Mihir Kumar Jha, J.)