Jharkhand High Court
Md. Nayeem Ansari vs The State Of Jharkhand on 27 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1545 of 2023
Md. Nayeem Ansari ...... Petitioner
Versus
1.The State of Jharkhand
2.Smt. Roshan Aara ....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Birendra Kumar, Advocate
For the State : Mr. Rajesh Kumar, APP
For the O.P. No.2 : Mr. Rahul Pandey, Advocate
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11/Dated:27 January, 2025
I.A. No.8599 of 2024
This Criminal Revision Application has been filed on behalf
of the petitioner challenging the judgment dated 18.07.2023 passed
by Sri Manoj Chandra Jha, learned Additional Judicial
Commissioner-III, Ranchi in Cr. Appeal No.128 of 2022 by which
the appeal filed on behalf of the petitioner has been dismissed
thereby affirming the judgment of conviction dated 29.08.2022
passed by Sri Achhat Srivastava, Judicial Magistrate, Ist Class,
Ranchi in Complaint Case No.2979 of 2014 by which the
petitioner has been convicted for the offences under Sections 498-
A and 323 of the IPC. However, learned Appellate Court has
modified the sentence passed by the Court below and sentenced
him to undergo S.I for one year and S.I for two months
respectively for the offences under Sections 498-A and 323 of the
IPC and also to pay fine of Rs.5,000/ and Rs.200/- respectively.
Although Judicial Magistrate, Ist Class, Ranchi convicted the
petitioner under Section 498-A and 323 of the IPC and sentenced
him to undergo S.I for 2 (two) years and pay the fine of Rs.1000/-
under Section 498-A and S.I. for 2 months under Section 323 IPC
and pay the fine of Rs.200/-.
2. I.A. No.8599 of 2024 has been filed on behalf of the
petitioner for grant of bail to the petitioner, during pendency of the
present Criminal Revision Application.
3. Learned counsel for the petitioner has submitted that the
impugned judgments and sentence passed by learned Courts below
are illegal and not sustainable in the eye of law. It is submitted that
the learned Courts below have not appreciated the evidence of the
witnesses properly. It is submitted that the allegation of demand of
dowry and torture upon the informant by the petitioner are false
and concocted. It is submitted that the petitioner is ready to settle
the dispute with the O.P. No.2. It is submitted that the petitioner
has paid Rs.1,00,000/- today which may be adjusted in the
maintenance amount awarded by the learned Additional Principal
Judge, Family Court, Ranchi in Maintenance Case No.67 of 2016
on 29.01.2018. It is submitted that the petitioner is in custody since
15.07.2024 and he also paid Rs.1,00,000/- today and hence he may
be enlarged on bail.
4. On the other hand, learned APP has raised objection.
5. However, learned counsel for the O.P. No.2 has submitted
that O.P. No.2 is also ready to settle the dispute with the petitioner
on amicable terms. Learned counsel for the O.P. No.2 has admitted
the factum of payment of Rs.1,00,000/- from the elder brother of
the petitioner in presence of Mr. Rahul Pandey, learned counsel for
the O.P. No.2 and hence he has no objection, if the petitioner is
enlarged on bail.
6. Learned counsel for both the sides have placed the receiving
of Rs.1,00,000/- which contains the signature of Smt. Roshan Aara
i.e. O.P. No.2 and her counsel Mr. Rahul Pandey, learned counsel
for the O.P. No.2 on 27.01.20245. Let it be kept on record.
7. Considering the fact that the parties are ready to settle the
dispute and also considering the fact that petitioner has paid
Rs.1,00,000/- to the O.P. No.2, the petitioner namely, Md.
Nayeem Ansari is directed to be released on provisional bail for a
period of six months from today, on furnishing bail bonds of
Rs.10,000/- (Ten thousand only) with two sureties of the like
amount each, to the satisfaction of Sri Achhat Srivastava, Judicial
Magistrate, Ist Class, Ranchi/or his Successor Court, in connection
with Complaint Case No.2979 of 2014.
8. Thus, I.A. No.8599 of 2024 is allowed and stands disposed
of.
9. Put up this case on 24.03.2025.
10. In the meantime, both the parties are directed to appear
before the learned Secretary, JHALSA on 10.02.2025 at 11.30
A.M.
11. Learned Member Secretary, JHALSA shall appoint a
Mediator instantly to amicably settle the dispute between both the
sides and shall submit his report to this Court on or before
17.03.2025.
12. In the meantime, it will be desirable that the parties may
make sincere effort for the settlement and the petitioner may pay
maintenance amount to the O.P. No.2.
(Sanjay Prasad, J.)
Saket/-
