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Bindeshwar Lohra @ Vikash Lohra @ Shavet ... vs The State Of Jharkhand
2025 Latest Caselaw 578 Jhar

Citation : 2025 Latest Caselaw 578 Jhar
Judgement Date : 7 July, 2025

Jharkhand High Court

Bindeshwar Lohra @ Vikash Lohra @ Shavet ... vs The State Of Jharkhand on 7 July, 2025

Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No. 393 of 2025
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Bindeshwar Lohra @ Vikash Lohra @ Shavet Shourya Tirkey ......Petitioner Versus

1. The State of Jharkhand

2. Sita Devi ......Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. Viswanath Roy, A.P.P

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Order No. 03/ Dated: 07.07.2025 This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 20.02.2025 passed in Criminal Appeal No. 435 of 2024 by Sri. Diwakar Pandey, learned Judicial Commissioner, Ranchi by which the learned Judicial Commissioner, Ranchi has allowed the appeal in part by acquitting the petitioner for the offence under Section 4 of the Dowry Prohibition Act. However, the learned Judicial Commissioner, Ranchi has affirmed the conviction of the petitioner under Section 498 (A) of the I.P.C and also affirmed the order of sentence dated 23.11.2024 against the petitioner to undergo S.I for a period of two (02) years and to pay the fine of Rs. 5,000/-/.

Although, the learned Trial Court i.e. the Court of Ms. Divya Raghav, learned Judicial Magistrate 1st Class, Ranchi in connection with G.R Case No. 967 of 2017 arising out of Narkopi P.S Case No. 06 of 2017 has convicted the petitioner for the offences under Sections 498-A of the I.P.C and Section 4 of

the Dowry Prohibition Act and sentenced him to undergo S.I for two (02) years and to pay the fine of Rs. 5,000/-, S.I for one (01) year and to pay the fine of Rs. 3,000/- respectively.

2. I.A No. 4568 of 2025 has been filed on behalf of the petitioner under Section 483 of the B.N.S.S, 2023 for suspension of sentence and for grant of bail during pendency of this Criminal Revision Application.

3. Learned counsel for the petitioner has submitted that the impugned judgments and order of sentence passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the allegations of demand of dowry against the petitioner are false and concocted. It is submitted that the marriage was solemnized between the petitioner and O.P No. 2 as far back as in the year 2016. It is further submitted that the petitioner is in custody since 03.04.2025 i.e for around three (03) months and hence, the petitioner may be enlarged on bail.

4. Learned counsel for the State has opposed the prayer of bail.

5. Perused the Lower Court Records of this case and considered the submissions of both the sides.

6. It appears that this is a case of matrimonial dispute and the petitioner is the husband of the O.P No.2.

7. It also appears from the Trial Court Records that earlier the petitioner was taken into custody on 06.10.2018 and enlarged on bail on 10.10.2018 by Sri. R.P Baa, then learned Judicial Magistrate, 1st Class, Ranchi. Thereafter, the petitioner is in custody since 03.04.2025.

8. Under the circumstances, the petitioner namely Bindeshwar Lohra @ Vikash Lohra @ Shavet Shourya Tirkey is directed to be released on Provisional Bail for a period of six (06) months on furnishing bail bonds of Rs. 15,000/- with two sureities of the like amount each to the satisfaction of Ms. Divya Raghav, learned Judicial Magistrate 1st Class, Ranchi/or her successor Court in connection with G.R Case No. 967 of 2017 arising out of Narkopi P.S Case No. 06 of 2017.

9. Thus, I.A No. 4568 of 2025 is allowed and stands disposed of.

10. Let notice be issued upon the O.P No. 2 and for which, requisites etc. under registered cover with A/D as well as under

ordinary process must be filed within two weeks from today.

11. Put up this case on 17th September 2025.

(Sanjay Prasad, J.) Avinash/

 
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