Jharkhand High Court
Mr. Afroz Ansari @ Md. Afroz Ansari @ Md. ... vs The State Of Jharkhand on 19 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 20 of 2025
Mr. Afroz Ansari @ Md. Afroz Ansari @ Md. Afroz, Aged about
35 years, Son of Late Alimuddin Ansari, at present resident of
Staff Bank Colony, Piska More, Opposite Padmalay Apartment,
Hehal, PO & PS-Sukhdeonagar, District Ranchi, Permanent
resident of Near Masjid-E-Akbaria, Tanzim Nagar, Hindpiri, PO &
PS-Hindpiri, District-Ranchi ...... Petitioner
Versus
1.The State of Jharkhand
2. Gul Bahar Khatoon, wife of Afroz Ansari, D/o Late Md.
Siddiquie, R/o Harmu Basti, PO & PS-Argora, District-Ranchi
....... Opp. Parties
---------
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
----------
For the Petitioner : Mr. Abdul Wahab, Advocate
For the State : Mr. Pankaj Kumar Mishra, APP
For the O.P No.2 : Mr. Awadhesh Pandey, Advocate
-----------
th
07/Dated:19 March, 2025
This Criminal Revision Application has been filed on
behalf of the petitioner challenging the judgment dated
09.08.2024 passed by Sri Diwakar Pandey, learned Judicial
Commissioner, Ranchi in Cr. Appeal No.246 of 2024 by which
the appeal filed on behalf of the petitioner has been dismissed
thereby affirming the judgment of conviction and order of
sentence dated 28.06.2024 passed by Shri Sarthak Sharma,
learned Judicial Magistrate, Ist Class, Ranchi in connection with
G.R. Case No.288 of 2014, arising out of Doranda P.S. Case
No.31 of 2014 by which the petitioner has been convicted for
the offence under Section 498-A, 323 and 506 of the IPC and
Section 4 of the Dowry Prohibition Act and sentenced to
undergo S.I. for three years, S.I for one year and S.I. for two
years and S.I. for one year respectively and also to pay fine of
Rs.10,000/-, Rs.5,000/-, Rs.5,000/- and Rs.7,000/- respectively
2. I.A. No.118 of 2025 has been filed on behalf of the
petitioner for suspension of sentence and for grant of bail to the
petitioner, during pendency of the present Criminal Revision
Application.
3. Heard Mr. Abdul Wahab, learned counsel for the
petitioner, Mr. Pankaj Kumar Mishra, learned APP for the State
and Mr. Awadhesh Pandey, learned counsel for the O.P. No.2.
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
the eye of law. It is submitted that the petitioner is the husband
of the O.P No.2, however, he is ready to pay certain amount to
the O.P. No.2 by way of compensation and ready to settle the
dispute with the O.P. No.2. It is submitted that the petitioner is
in custody since 02.01.2025 and hence, the petitioner may be
enlarged on bail.
5. On the other hand, learned APP has opposed the prayer for
bail.
6. Learned counsel for the O.P. No.2 has also opposed the
prayer and submitted that the petitioner had tortured the
informant having two children. It is submitted that there is
arrears of Rs.5,32,000/- due of the maintenance amount and the
petitioner may be directed to pay some amount to them for their
survival.
7. Having heard learned counsel for both the sides and on
going through the records of this Criminal Revision Application,
it appears that the petitioner is the husband of the O.P. No.2 and
has got two children.
8. It also appears that there is also a matrimonial dispute
between both the sides and also with regard to non-payment of
maintenance amount.
9. Learned counsel for the petitioner has also accepted the
above suggestion and submitted that the petitioner will pay
Rs.1,00,000/- to the O.P. No.2 at the time of furnishing bail
bond and which may be subject to adjustment in due course of
the maintenance amount.
10. Although the arrears of maintenance amount is not the
subject matter of this Court but taking lenient view and welfare
of the wife and children, this Court is of the view that petitioner
may pay Rs.1,00,000/- to the O.P. No.2 at the time of furnishing
bail bonds.
11. It appears that the petitioner is in custody since 02.01.2025.
12. Considering the custody of the petitioner and also
Undertaking given by the petitioner before this Court to pay
Rs.1,00,000/- to the O. P. No.2 at the time of furnishing bail bonds,
the petitioner namely, Mr. Afroz Ansari @ Md. Afroz Ansari @
Md. Afroz is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Ten thousand only) with two sureties of the
like amount each, to the satisfaction of Shri Sarthak Sharma,
learned Judicial Magistrate, Ist Class, Ranchi/or his Successor
Court, in connection with G.R. Case No.288 of 2014, arising out of
Doranda P.S. Case No.31 of 2014, subject to the condition that
petitioner will furnish Rs.1,00,000/- by way of Demand Draft in
the name of O.P. No.2 at the time of furnishing bail bonds.
13. Let a copy of this order be sent to the learned Court below by
FAX.
14. Learned Court below is directed to hand over the said
Demand Draft of Rs.1,00,000/- to the O.P. No.2 on her proper
verification and on filing such an application.
15. Thus, I.A. No.118 of 2025 is allowed and stands disposed of.
16. Put up this case on 16.06.2025.
17. Call for the scanned copy of the Lower Court Records.
(Sanjay Prasad, J.)
Saket/-
