Bidhu Bhushan Diwedy @ Bidhu Bhushan ... vs The State Of Jharkhand
2025 Latest Caselaw 2829 Jhar

Jharkhand High Court

Bidhu Bhushan Diwedy @ Bidhu Bhushan ... vs The State Of Jharkhand on 24 February, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No. 225 of 2024
                                     ....

Bidhu Bhushan Diwedy @ Bidhu Bhushan Dvivedi, aged about 68 years, son of Sunil Diwedi @ Sunil Kumar Dvivedi, resident of Sadisopur, Dixit Chowk, PO-Sadisopur, PS-Bihta, District-Patna (Bihar) ...... Petitioner Versus

1. The State of Jharkhand

2. Jay Shree Dwivedi D/o Manmohan Tiwari, C/o-C. D. Colony, PO, PS- Jhumri Telaiya, District-Koderma ...... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. A. K. Sahani, Advocate.

Mr. Pankaj Verma, Advocate For the State : Mr. Bhola Nath Ojha, A. P. P. For the O. P. No. 2 : Mr. Soumitra Baraoi, Advocate ......

12/24.02.2025 I. A. (Cri) No. 2664 of 2024 has been filed on behalf of the petitioner under Rule 159 of the Jharkhand High Court Rules, 2001 for exempting him from surrender before the learned Court below.

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

3. It is submitted by the learned counsel for the petitioner that the judgments and order passed by the learned Court below are not sustainable in the eye of law. It is submitted that the petitioner is aged about 68 years and as such, the petitioner may be exempted from surrendering in the Court below.

4. Learned counsel for the State and learned counsel for the opposite party no. 2 opposed the prayer of the petitioner from surrendering in the Court below.

5. It appears that the petitioner has been convicted by both the learned Courts below and even the matter was sent before

the learned Member Secretary, JHALSA by the Co-ordinate Bench (Hon'ble Mr. Justice Rajesh Kumar) of this Court vide order dated 14.11.2024. It further appears from the report of learned Member Secretary, JHALSA sent vide Letter No. 3833 dated 21.12.2024 that the mediation between the parties have failed.

6. Petitioner has been convicted for the offence under Section 498-A of the Indian Penal Code.

7. Accordingly, this Court is not inclined to exempt the petitioner from surrendering in the learned Court below.

8. Under the circumstances, I.A. (Cri) No. 2664 of 2024 filed on behalf of the petitioner is rejected.

9. The petitioner is directed to surrender in the learned Court below within four weeks from today.

10. Let a copy of this order be sent to the learned Court below by the office at once.

11. Put up this case after four weeks.

(Sanjay Prasad, J.) Kamlesh/