Jharkhand High Court
Dukhi Ram Mandal vs The State Of Jharkhand ......Opp. Party on 7 July, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.589 of 2025
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Dukhi Ram Mandal ......Petitioner
Versus
The State of Jharkhand ......Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mrs. J. S. Mazumdar, Advocate
For the State : Mr. Vishwanath Roy, A.P.P
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Order No.02/07.07.2025
I.A. No.7715 of 2025
This Criminal Revision Application has been filed by the
petitioner by challenging the judgment of conviction and sentence
dated 17.09.2024 passed in Criminal Appeal No.95 of 2024 by Sri
Rajni Kant Pathak, learned Additional Sessions Judge-III,
Dhanbad by which the appeal has been dismissed and thereby
affirming the judgment of conviction and order of sentence dated
31.05.2024 passed by Sri Rishi Kumar, learned Judicial Magistrate
1st Class, Dhanbad in connection with G.R. Case No.5272 of 2013
arising out of Dhanbad P.S. Case No.1225 of 2013 corresponding
to T.R. No. 700 of 2024, by which the petitioner has been
convicted for the offences under Section 498-A of the Indian Penal
Code and sentenced to undergo S.I. for two months and to pay the
fine of Rs.5000/-.
2. I.A. No.7715 of 2025 has been filed on behalf of the
petitioner for suspension of sentence and grant of bail during the
pendency of this Criminal Revision.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. Learned counsel for the petitioner submitted that the
impugned judgments and order of sentence passed by the learned
Courts below are illegal, arbitrary and not sustainable in eye of
law. It is submitted that petitioner is husband and the allegation of
demand of dowry alleged against him is false and concocted. It is
submitted that father of the wife has instituted the case against the
petitioner. It is submitted that earlier petitioner is in custody
around seventy-four days during trial and thereafter surrendered
before the learned court below on 16.06.2025. It is submitted that
petitioner is an employee in Indian Railways. It is also submitted
that petitioner is paying maintenance amount of Rs.8000/- to his
wife regularly and Rs.6,000/- to his minor son in the light of order
passed in Maintenance Case No.88 of 2014 by the learned
Principal Judge, Family Court, Dhanbad. Hence, he may be
enlarged on bail.
5. Learned APP has opposed the prayer for bail and
submitted that the petitioner had tortured and assaulted his wife
and as such, the prayer for bail may be rejected.
6. Having heard learned counsel for both the sides and from
perusal of the impugned judgments i.e. learned Trial Court and
Appellate Court, it would appear that parties are in litigating
terms. Petitioner is husband and he is paying maintenance amount
of Rs.8000/- to his wife and Rs.6,000/- to his minor son regularly,
in the light of order passed in Maintenance Case No.88 of 2014 by
the learned Principal Judge, Family Court, Dhanbad.
7. It appears that petitioner was working on the post of
SM/CHRA. Learned counsel for the petitioner has produced
photo-copy of order of punishment and from which, it appears that
petitioner has compulsory retired in the Railway Department. Let
it be kept on record.
8. Considering the facts and circumstances of this case and
also considering the custody of the petitioner, the petitioner
namely, Dukhi Ram Mandal is directed to be released on bail, on
furnishing bail bonds of Rs. 15,000/- (Rs. Fifteen thousand), with
two sureties of the like amount each, to the satisfaction Sri Rishi
Kumar, learned Judicial Magistrate 1st Class, Dhanbad or his
Successor Court in connection with G.R. Case No.5272 of 2013
arising out of Dhanbad P.S. Case No.1225 of 2013 corresponding
to T.R. No. 700 of 2024, subject to condition that one of the bailers
must be his own relative.
9. In the meantime, it would be desirable that the petitioner
should pay maintenance amount regularly, in the light of the
judgment passed by the learned Trial Court and Appellate Court.
10. Thus, I.A. No.7715 of 2025 is allowed and stands
disposed of.
11. Issue notice to O.P. No.2 under registered cover with A/D
as well as under ordinary process, for which requisites etc. must be
filed within two weeks.
12. Call for the scanned copy of the Lower Court Records.
13. Put up this case on 14.09.2025.
(Sanjay Prasad, J.)
Rohit/-
