Jharkhand High Court
Kaushar Sk @ Kavasar vs The State Of Jharkhand on 23 April, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.583 of 2024
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Kaushar SK @ Kavasar ......Petitioner
Versus
1. The State of Jharkhand
2. Hasanara Bibi ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Md. Yasir Arafat, Advocate
For the State : Mr. Sunil Kumar Dubey, A.P.P
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Order No.07/23.04.2025
I.A. No.2364 of 2025
It appears from the Office note dated 11.04.2025 that till
date O.P. No.2 has not filed Vakalatnama.
2. It also appears from the Office order dated 07.04.2024
that the notice has been validly served upon the O.P. No.2 but the
O.P. No.2 has not appeared on 07.04.2025 and even today i.e.
23.04.2025 and hence I.A. No. 2364 of 2025 is being considered
today.
3. This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
21.03.2024 passed in Cr.Appeal No.31 of 2023 by Sri Bal Krishan
Tiwari, learned Sessions Judge, Pakur by which the appeal filed by
the petitioner is dismissed and thereby affirming the judgment of
conviction and order of sentence dated 14.07.2023 passed by
Nirmal Kumar Bharti, learned S.D.J.M. Pakur, in connection with
G.R. Case No.30 of 2018 in Pakur (M) P.S. Case No.08/2018
corresponding to T.R. No.1515/2023, by which the petitioner has
been convicted for the offences under Section 323 and 498-A of
IPC and sentenced to undergo R.I. for six (06) months and R.I. for
three (03) years and to pay the fine of Rs.500/- and Rs.10,000/-
respectively.
However, all the sentences have been directed to run
concurrently.
4. I.A. No.2364 of 2025 has been filed under Section 430(1)
of B.N.N.S. 2023 for suspension of sentence and grant of bail to
the petitioner.
5. Heard learned counsel for the petitioner and learned APP.
6. Learned counsel for the petitioner submitted that the
impugned judgments and order of sentnece passed by the learned
Courts below are illegal, arbitrary and not sustainable in the eye of
law. It is submitted that the petitioner had not demanded any dowry
and had not tortured the O.P. No.2 and the allegations against the
petitioner for demanding dowry and torture upon O.P. No.2 are
false and concocted. It is submitted that the petitioner is in custody
since 18.01.2025 and earlier he remained in custody for some
period and hence he may be enlarged on bail.
7. Learned APP has opposed the prayer for bail.
8. From perusal of the Lower Courts Records and the
submissions of both the sides. It appears that this is a case of
matrimonial dispute and the petitioner-husband is in custody since
18.01.2025.
9. Considering the facts and circumstances of this case and
considering the custody of the petitioner, the petitioner namely
Kaushar Sk @ Kavasar is directed to be released on Provisional
Bail for the period of four (04) months on furnishing the bail bonds
of Rs.10,000/-(Rs.Ten Thousand) with two sureties of the like
amount each to the satisfaction of Nirmal Kumar Bharti, learned
S.D.J.M. Pakur or his Successor Court, in connection with G.R.
Case No.30 of 2018 in Pakur (M) P.S. Case No.08/2018
corresponding to T.R. No.1515/2023 subject to the condition that
one of the bailor should be own relative and subject to the
condition to pay Rs.25,000/- by way of demand draft in the name
of the O.P. No.2 at the time of furnishing of bail bonds before the
learned Court below and to pay remaining Rs.25,000/- within one
month from today in the Office of learned Registrar General and
also he will cooperate in other case instituted by O.P. No.2, if any.
The said amount Rs.25,000/- will be disbursed to the O.P.
No.2 through her counsel on filing such an application before the
learned Court below as well as before the Office of learned
Registrar and the said amount will be adjusted in the subsequent
proceedings.
10. Thus, I.A. No.2364 of 2025 is allowed and stands
disposed of.
11. Put up this case on 19th June 2025.
12. Let a copy of this order be sent to the Office of learned
Registrar General and also before the learned Court below for the
needful.
(Sanjay Prasad, J.)
Nishant/-
