Madhu Jyotishi vs The State Of Jharkhand
2022 Latest Caselaw 2810 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Rev. No. 1367 of 2019
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Madhu Jyotishi @ Madhusudan Jyotishi @ Madhu Joitishi ... Petitioner

-Versus-

The State of Jharkhand ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. A.K. Sahani, Advocate For the State : Mr. P.K. Jaisawal, A.P.P. For the O.P. No. 2 : Mr. Rishu Ranjan, Adv.

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Order No. 10/ Dated: 21.07.2022

This Criminal Revision no. 1367 of 2019 has been filed on behalf of the petitioner challenging the judgment dated 01.08.2019 passed by the learned Additional Sessions Judge-I Ghatshila in Cr. Appeal No. 147 of 2019 affirming the order dated 14.05.2019 passed by Shri W. Bhengra , the Judicial Magistrate, 1st Class, Ghatsila in connection with Galudih P.S. Case No. 30 of 2012 ( G.R. No. 432 of 2012 ) 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 R.I. for the period of one (01) year to pay fine of Rs. 5,000/- ( Five thousand only) .

2. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the O.P. No. 2.

3. It is submitted that the judgment and order passed by the learned Courts below are not sustainable in eye of law. It is submitted that the witnesses have given contradictory statement .It is submitted that the petitioner had been arrested on 10.03.2022 and the petitioner is in jail and the petitioner was under in custody for around two months

-2 and total the petitioner remained in custody for around six months and hence, the petitioner may be enlarged on bail.

4 .On the other hand, the learned A.P.P has opposed the prayer for bail .

5. Learned counsel for the O.P. No. 2 has opposed the prayer for bail and submitted that the petitioner has been apprehended by the police . It is submitted that the petitioner has no paid any of the maintenance amount to extent of Rs. 3,45,000/- (Three lakh forty five thousand only). It is submitted that the O.P. No. 2 is a poor lady and who has got two unmarried daughters who have no source of income and hence the bail is fit to be rejected.

6. Perused the Lower Court Record of this case and considered the submission of both the sides.

7. It transpires that the petitioner is in custody about the four (04) months after being arrested and total remained in custody for around six months. This is a case of matrimonial disputes

8. Considering the custody and the facts and in the circumstances of this case, this is a matrimonial disputes , the petitioner namely Madhu Jyotishi @ Madhusudan Jyotishi @ Madhu Joitishi is directed to be released on provisional bail till three (03) months from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of Shri W. Bhengra, the Judicial Magistrate, 1st Class, Ghatshila or his Successor Court in connection with Galudih P.S. Case No. 30 of 2012 ( G.R. No. 432 of 2012 ) subject to the condition that one of the bailers must be own relative of the petitioner .

10. Under the circumstance, both the petitioner and O.P. No. 2 are directed to appear before the learned Secretary, D.L.S.A., Jamshedpur for mediation on 05.08.2022 and the learned Secretary, D.L.S.A. , Jamshedpur will appoint a Mediator. The Mediator shall

-3 make necessary efforts for an amicable settlement of disputes between both the sides.

11. The learned Secretary, D.L.S.A. , Jamshedpur, shall submit his report as well as report of Meditation before this Court on 18.08.2022.

Put up this case on 25.08.2022.

Let a copy of this order be send to the learned Secretary, D.L.S.A. , Jamshedpur for his needful.

(Sanjay Prasad, J.)

Bibha/