Jharkhand High Court
Anil Kumar Prasad vs The State Of Jharkhand on 17 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.1148 of 2022
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Anil Kumar Prasad ... Petitioner
-Versus-
1. The State of Jharkhand
2. Vidya Devi ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Aashish Kumar, Advocate
For the State : Mr. Santosh Kumar Shukla, A.P.P.
For the O.P No.2. : None.
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Order No.05 Dated 17th January, 2023
I.A No.11490 of 2022
The present Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated 30.07.2022
passed in Criminal Appeal No.11 of 2022 by the learned Additional
Sessions-I, Ramgarh by which, the said Criminal Appeal has been
dismissed and the bail of the petitioner has been rejected and
thereby, affirming the order dated 15.02.2022, passed by Sri.
Gautam Kumar, Sub-Divisional Judicial Magistrate, Ramgarh in
connection with Mandu (West Bokaro) P.S Case No.349 of 2015,
arising out of G.R No.3779 of 2015, by which, the petitioner has
been convicted for the offences under Section 498A of the I.P.C and
Section 4 of the D.P. Act and has been sentenced to undergo
Rigorous Imprisonment for a period of three (03) years and to pay
the fine of Rs.5,000 for the offence under Section 498A of the IPC
and in default thereof, he has further been sentenced to undergo
Simple Imprisonment for a period of three (03) months.
The petitioner has further been sentenced to undergo Rigorous
Imprisonment for a period of one (01) year and to pay a fine of
Rs.5,000/- for the offence under section 04 of the D.P.. Act and in
default thereof he has further sentenced to undergo S.I. for a period
of three (03) and all the sentences have been directed to run
concurrently.
2. The present Interlocutory Application being I.A No.11490 of
2022 has been filed on behalf of the petitioner for grant of bail
during pendency of the present Criminal Revision.
3. Heard Mr. Aashish Kumar, learned counsel for the petitioner,
Mr. Santosh Kumar Shukla, learned counsel for the State and Mr. Nehru
Mahato, learned counsel for the O.P No.2.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is innocent. It is submitted that the judgments and order passed
by the learned Courts below are not sustainable in eye of law It is further
submitted that the petitioner is in custody since 21.10.2022 and
hence, he may enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the prayer for bail.
6. Learned counsel for the O.P No.2 has opposed the prayer for
bail of the petitioner and has submitted that the marriage of the
petitioner was solemnized in the year 27.04.2009 and there was a
demand of dowry.
7. Perused the FIR and impugned order passed by the learned
Court below also considered the submission on behalf of the parties.
8. It transpires that the petitioner is the husband of the O.P No.2.
9. It transpires that the petitioner is in custody since 21.10.2022.
10. Considering the aforesaid facts and in the circumstances of this
case during pendency of this Criminal Revision, the petitioner
namely, Anil Kumar Prasad, is directed to be released on provisional
bail for a period of four months from today, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of Sri. Gautam Kumar, Sub-
Divisional Judicial Magistrate, Ramgarh or his Successor Court in
connection with Mandu (West Bokaro) P.S Case No.349 of 2015,
arising out of G.R No.3779 of 2015, subject to the condition that one
of the bailors must be own relative of the petitioner.
Criminal Revision No.1148 of 2022
11. Learned counsel for the parties have submitted that the matter
may be sent to JHALSA, Ranchi for an amicable settlement of
disputes between both the sides.
12. Under the circumstances, let the case be referred to JHALSA.
13. Both the parties (i.e, the petitioner and the Opposite Party
No.1) shall appear before the learned Member Secretary, JHALSA
on 02.02.2023.
14. The Member Secretary, JHALSA, Ranchi will appoint a
Mediator for an amicable settlement of disputes between both the
sides.
15. The Member Secretary, JHALSA, is directed to submit his
report before this Court on or before 13.03.2023.
16. However, the petitioner is directed to pay a cost of Rs.700/-
(i.e, cash) per day upon the Opposite Party No.2 for coming to the
JHALSA, Ranchi.
Accordingly, put up this case on 16.03.2023.
(Sanjay Prasad, J.)
Bibha/-
