Jharkhand High Court
Satrughan Kumr Sharma @ Satrughan ... vs The State Of Jharkhand on 8 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.337 of 2020
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Satrughan Kumr Sharma @ Satrughan Kumar Sharma
... Petitioner
-Versus-
1. The State of Jharkhand
2. Seema Devi ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Mahesh Tiwari, Advocate
For the State : Mr. Sanjay Kr. Srivastava, A.P.P..
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Order No.05 Dated 08th August, 2022
I.A No.5328 of 2022
The present Interlocutory Application being I.A No.5328 of
2022 has been filed on behalf of the petitioner for grant of bail
during pendency of the present Criminal Revision.
2. The present Criminal Revision Application has been filed on
behalf of the petitioner challenging the judgment dated 09.01.2019
passed in Criminal Appeal No.121 of 2018 by the learned Additional
Sessions Judge-IV, Bokaro, whereby, learned Additional Sessions
Judge-IV, Bokaro had dismissed the said Criminal Appeal No.121
of 2018 by affirming the judgment of conviction and order of
sentence dated 18.07.2018 passed in C.P. Case No.20 of 2014,
corresponding to T.R No.306 of 2018 by Sri. Rakesh Kumar,
learned A.C.J.M, Bokaro, by which, the petitioner has been
convicted for the offence under Section 498-A of the I.P.C and has
been sentenced to undergo Rigorous Imprisonment for a period of
one (01) year and to pay the fine of Rs.5000/- and has further been
sentenced to undergo Rigorous Imprisonment for a period of six (06)
months, Rigorous Imprisonment for a period of six months
respectively, and to pay a fine of Rs.5000/- for the offence under
Section 4 of the Dowry Prohibition Act.
3. It appears that despite issuance of notice upon the Opposite
party No.2 in the light of the order dated 21.07.2022 passed by this
Court but the Opposite party no.2 has not appeared before this Court
as yet.
4. Heard Mr. Mahesh Tiwari, learned counsel for the petitioner
and Mr. Sanjay Kumar Srivastava, learned counsel for the State.
5. It has been submitted by the learned counsel for the petitioner
that judgments and order passed by the learned Court below are not
sustainable in the eyes of law. It is further submitted that the
allegation of demanding dowry and assaulting the informant by this
petitioner is false and concocted. It is further submitted that the
petitioner has been acquitted for the offence under Section 4 of the
Dowry and Prohibition Act by the learned Appellate Court below. It
is further submitted that the witnesses have given contradictory
statements during the trial. It is further submitted that the petitioner
is the husband of the Informant. It is further submitted that the
petitioner is in custody since 17.06.2022 and hence, he may be
enlarged on bail.
6. On the other hand, learned counsel for the State has opposed
the bail and has submitted that the witnesses have supported the
allegation against this petitioner.
7. Perused the L.C.R and Interlocutory Application No.5328 of
2022 and considered the submission on behalf of the parties.
8. It transpires that the marriage of the petitioner and the
Opposite Party No.2 was solemnized on 08.07.2010 as per Hindu
Rites and Custom.
9. Considering the period of custody of the petitioner and also
considering the fact that the petitioner is the husband and on the facts
and in the circumstances of this case during pendency of this
Criminal Revision, the petitioner namely, Satrughan Kumar Sharma
@ Shtrughan Kumar Sharma, is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
A.C.J.M, Bokaro in connection with C.P. Case No.20 of 2014,
corresponding to T.R No.306 of 2018, subject to the condition that
one of the bailors should be relative of the petitioner.
10. Accordingly, I.A. No.5328 of 2022 stands allowed and is
accordingly disposed of.
Criminal Revision No.337 of 2020
11. Admit.
12. Let a fresh notice be issued upon the Opposite Party No.2 by both
process i.e, registered cover with A/D as well as under ordinary process
and for which, requisites etc., must be filed within a period of three
weeks from today.
13. Accordingly, put up this case after six months.
(Sanjay Prasad, J.)
Raja/-
