Manoj Kumar Pandey vs The State Of Jharkhand
2022 Latest Caselaw 5021 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Revision No. 883 of 2022
                                       ....

            Manoj Kumar Pandey                               ...... Petitioner
                                Versus
            The State of Jharkhand                           ...... Opp. Party
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            CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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            For the Petitioner         : Mr. Sanjay Kumar, Advocate
            For the State              : Ms. Amrita Kumari, A. P. P.
            For the Informant          : Mr. Mahesh Kr. Sinha, Advocate
                                       ......
            I.A. No. 7500 of 2022

07/12.12.2022        The present Criminal Revision No. 883 of 2022 has been

filed on behalf of the petitioner challenging the judgment dated 02.05.2022 passed in Criminal Appeal No. 20 of 2021 by the learned Sessions Judge, Bokaro whereby learned Sessions Judge, Bokaro has dismissed the Criminal Appeal No. 20 of 2021 and affirmed the judgement of conviction and order of sentence dated 09.04.2021 passed by Smt. Sandhya Prasad, Judicial Magistrate, 1st Class, Bokaro in connection with Siyaljori P. S. Case No. 04 of 2015 corresponding to G. R. No. 27 of 2015 [T. R. No. 1723 of 2021] whereby the petitioner has been convicted for the offence under Sections 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and has been sentenced to undergo S. I. for a period of two (2) years and to pay the fine of Rs. 7,000/- for the offence under Section 498(A) of the Indian Penal Code and has been sentenced to undergo S. I. for a period of one (1) year and to pay the fine of Rs. 3,000/- for the offence under Section 4 of the Dowry Prohibition Act.

All the sentences have been directed to run concurrently.

2. I.A. No. 7500 of 2022 has been filed on behalf of the petitioner for grant of bail to the petitioner, during pendency of the Criminal Revision Application.

3. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the opposite party no.2.

4. It is submitted that judgments and order passed by the learned

Court below are not sustainable in the eyes of law. It is submitted that the case has been compromised between the petitioner and the opposite party no. 2. It is submitted that both the parties have mutually agreed that their marriage may be dissolved by mutual consent by a decree of divorce. It is submitted that both the parties have filed Original Suit Case No. 673 of 2002 under Section 13(B) of the Hindu Marriage Act before the Court of Learned Principal Judge, Family Court, Bokaro. It is submitted that the petitioner is in custody since 19.07.2022 and as such, the petitioner may be enlarged on bail.

5. Learned counsel for the State has opposed the prayer for bail.

6. Learned counsel for the opposite party raised no objection and admitted the factum of compromise between the petitioner and the opposite party no. 2.

7. Considering the facts and circumstances of the case, during pendency of this Criminal Revision Application, the petitioner namely Manoj Kumar Pandey is directed to be released on provisional bail for a period of four months from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Smt. Sandhya Prasad, Judicial Magistrate, 1st Class, Bokaro or her Successor in connection with Siyaljori P. S. Case No. 04 of 2015 corresponding to G. R. No. 27 of 2015 [T. R. No. 1723 of 2021] subject to condition that one of the bailors must be relative of the petitioner.

I.A. No. 7500 of 2022 is allowed and disposed of.

Cr. Revision No. 883 of 2022 Call for the scanned copy of the Lower Court Records. Put up this case on 30.03.2023.

(Sanjay Prasad, J.)

Kamlesh/