PATNA, India, Aug. 7 -- Patna High Court issued the following judgment on July 16:

1. Heard learned counsel appearing on behalf of the parties.

2. Present petition preferred by the petitioner under Section 482 of Code of Criminal Procedure (in short Cr.P.C.) for quashing of order dated 26.04.2024 passed by learned 1st Additional District & Sessions Judge, Patna City, Patna (arising out of Alamganj P.S. Case No. 372/2019) whereby the provisional bail of the petitioner has been canceled and the Bail Application of the petitioner has been rejected without considering the case on merit.

3. Prosecution, in brief speaks that on 27.05.2019, O.P. No. 2, namely Renu Kumari along with her parents while went to her in-laws house, on arrival her husband namely, Shekhar Suman and his father Gopal Prasad started abusing O.P. No. 2 and her family members and thereafter assaulted them by means of iron rod which caused injury. After primary treatment in Guru Govind Singh Sadar Hospital the matter was referred to NMCH, Patna, whereafter Alamganj P.S. Case No. 372/2019 was lodged against petitioner.

4. It is submitted by Mr. Shekhar Singh learned senior counsel appearing for the petitioner that the petitioner was granted Provisional Bail by learned Addl. District and Sessions Judge 1st, Patna City after remaining in custody for about one onerous month. It is submitted that the provisional bail was allowed with one condition that petitioner will keep his wife with honor and dignity. It is submitted that as mediation was failed between the parties, due to which provisional bail granted by the learned Addl. District and Sessions Judge 1st, Patna City, was recalled vide order dated 26.04.2024 passed in B.P. No. 270 of 2023.

5.In view of aforesaid, it is submitted by Mr. Singh, that the court cannot impose such onerous condition while granting regular bail. It is submitted that the only petitioner cannot be held responsible for failed mediation.

6. In view of his submission that onerous condition cannot be imposed, Mr. Singh relied upon legal report of Hon'ble Supreme Court as available through Sumit Mehta vs. State (NCT of Delhi) reported in (2013) 15 SCC 570.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM0ODU3MSMyMDI0IzEjTg==-XP6w9ZSn--ak1--Lg=

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