Citation : 2022 Latest Caselaw 2245 Jhar
Judgement Date : 24 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 466 of 2022
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Lakhindra Soren @ Lakhindar Soren ...... Petitioner Versus
1. The State of Jharkhand
2. Sonamuni Hembram ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Naresh Pd. Thakur, Advocate For the State : Mr. Shiv Shakar Kumar, A. P.P. For the O. P. No. 2 : Mr. Satish Kumar, Advocate ......
I. A. No. 5337 of 2022
09/24.06.2022 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the opposite party no.
2.
2. The present I.A. No. 5337 of 2022 has been filed by the petitioner for bail during pendency of the present Criminal Revision.
3. The Criminal Revision No. 466 of 2022 has been filed on behalf of the petitioner challenging the judgment dated 15.12.2015 passed in Criminal Appeal No. 279 of 2013 by the learned Additional Sessions Judge-XII, Dhanbad by dismissing the Criminal Appeal No. 279 of 2013 and who had affirmed the judgment of conviction and order of sentence dated 01.08.2013 passed by Sri Sanjay Kumar, Judicial Magistrate, 1st Class, Dhanbad in connection with G. R. No. 2685 of 2009 corresponding to T.R. No. 33 of 2013 by convicting the petitioner under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for a period of two(2) years and to pay a fine of Rs. 3,000/- for the offence under Section 498-A of the Indian Penal Code and in default of payment of fine, further sentenced to
undergo S.I. for a period of three and further sentenced him to undergo S.I. for a period of six months under Section 4 of the Dowry Prohibition Act.
All the sentences have been directed to run concurrently.
4. It is submitted by the learned counsel for the petitioner that the case has been compromised between the petitioner and the opposite party no. 2- Sonamuni Hembram and the opposite party no. 2- Sonamuni Hembram has no grievance against the petitioner. It is submitted that opposite party no. 2- Sonamuni Hembram has already contracted another marriage with one Sushil Hansda. It is further submitted that the petitioner is in custody since 02.04.2022 and as such, he may be enlarged on bail.
5. Learned counsel for the State raised no objection.
6. On the other hand, learned counsel for the opposite party no. 2 has admitted the factum of compromise between both the sides and has submitted that the opposite party no. 2- Sonamuni Hembram has performed second marriage with one Sushil Hansda.
6. Perused the records and considered the submissions of both the sides.
7. It transpires that the case has been compromised between the petitioner and the opposite party no. 2- Sonamuni Hembram and opposite party no. 2- Sonamuni Hembram has no grievance against the petitioner. It further transpires that opposite party no. 2- Sonamuni Hembram has already contracted another marriage with one Sushil Hansda.
8. Considering the facts and circumstances of the case, during pendency of this Criminal Revision, the petitioner-
namely Lakhindra Soren @ Lakhindar Soren 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 Sri Sanjay Kumar, Judicial Magistrate, 1st Class, Dhanbad/ or his successor Court in connection with G. R. No. 2685 of 2009 corresponding to T.R. No. 33 of 2013.
11. Accordingly, I.A. No. 5337 of 2022 stands allowed and disposed of.
Criminal Revision No. 466 of 2022 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the opposite party no.
2. Put up this case on 28.06.2022 under the heading of final order.
(Sanjay Prasad, J.) Kamlesh/
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