Chandan Malakar vs The State Of Jharkhand
2025 Latest Caselaw 76 Jhar

Jharkhand High Court

Chandan Malakar vs The State Of Jharkhand on 2 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Rev. No.172 of 2025
                         ....

Chandan Malakar, aged about 39 years, Son of Late Mohan Malakar, Resident of Village- Manpur, Kumhar Toli, P.O.- Manpur, P.S. -Gaya Muffasil, District- Gaya (Bihar).

......Petitioner Versus

1. The State of Jharkhand

2. Pinki @ Laxmi Kumari, Wife of Chandan Malakar, Daughter of Bhola Malakar, Resident of Gujrat Colony, P.O.- Chas, P.S.- Chas, District- Bokaro (Jharkhand).

......Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner       : Mr. Sanjay Kumar, Advocate
For the State            : Mr. Sardhu Mahto, A.P.P
For the O.P. No.2        : Mr. Baibhaw Gahlaut, Advocate
                               ......
Order No.04/02.05.2025


I.A. No.934 of 2025

The present Criminal Revision No. 172 of 2025 has been filed on behalf of the petitioner challenging the judgment and sentence dated 09.02.2017 passed in Criminal Appeal No. 92 of 2015 by Sri Ranjeet Kumar, learned Additional Sessions Judge-II, Bokaro whereby learned Additional Sessions Judge-II, Bokaro has dismissed the Appeal with modification in the order of sentence dated 09.09.2015 passed in C.P. Case No. 274 of 2005 (S) corresponding to T. R. No.728 (A)/15 by Sri Manish Ranjan, Judicial Magistrate 1st Class, Bokaro by upholding the conviction of the petitioner for the offence under Section 498 (A) of the Indian Penal Code and however, he has modified the sentence from R.I. for three (3) years to S. I. for two (2) years and to pay fine of Rs. 5,000/-, Although vide judgment of conviction and

order of sentence dated 09.09.2015 passed in C.P. Case No.274 of 2005 (S) corresponding to T. R. No.728 (A)/15 by Sri Manish Ranjan, Judicial Magistrate 1st Class, Bokaro, the petitioner was convicted for the offence under Section 498(A) of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for a period of three (3) years and to fine of Rs. 5,000/-.

2. I.A. No. 934 of 2025 has been filed on behalf of the petitioner for suspension of sentence and for grant of bail, during the pendency of this Criminal Revision Application.

3. Heard learned counsel for the petitioner and learned APP and 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 this is a case of matrimonial dispute between the petitioner and the O.P. No.2. Learned counsel for the petitioner has submitted that the petitioner is ready to settle the dispute with the O. P. No. 2. It is further submitted that the petitioner has already paid Rs. 40,000/- on 24.07.2018 and is also ready to revalidate the Demand Draft of Rs. 40,000/- and Rs.1,00,000/- (Rs. One Lakh) deposited before the Court below in the name of O. P. No. 2. It is submitted that the said Demand Draft could not be paid to her as the name of O.P. No. 2 has not tallied with her Adhar Card. It is submitted that the petitioner is in custody since 30.12.2024 and hence, he may be enlarge on bail.

5. On the other hand, learned APP and learned counsel for the opposite party no. 2 raised no objection.

6. Having heard learned counsel for the petitioner and Opposite Party No. 2, it appears that this is the case of matrimonial

dispute.

7. It further appears that the petitioner is ready to pay the remaining Rs. 3,40,000/- (Rupees Three Lac Forty Thousand) on collection of Demand Draft or the petitioner will deposit the same in the bank account of O.P. No. 2 within six months after the release on provisional bail.

8. It also appears that the petitioner is also ready to pay Rs. 1,40,000/- after getting the Demand Draft of Rs. 40,000/- and Rs. 1,00,000/- from learned Court below. It also appears that the petitioner is in custody since 30.12.2024.

9. Considering the facts and in the circumstances of this case and also considering the custody of the petitioner, the petitioner namely Chandan Malakar is directed to be released on provisional bail for the period of six (06) months, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each, to the satisfaction of Sri Manish Ranjan, Judicial Magistrate 1st Class, Bokaro/or his Successor Court in connection with C.P. Case No.274 of 2005 (S), (Corresponding to T.R. Case No.728 (A)/15 of 2025) subject to the condition that the petitioner shall deposit the Demand Draft of Rs. 50,000/- (Rupees Fifty Thousand) in the name of opposite party no. 2 at the time of furnishing the bail bonds and shall further revalidate the Demand Draft of Rs. 40,000/- and Rs. 1,00,000/- i.e., total, Rs. 1,40,000/- after getting from learned Court below and after revalidating the same, the petitioner shall pay Rs. 1,40,000/- to the O.P. No.2 within two weeks after being released from jail.

10. The learned Court below is directed to handover the Demand Draft of Rs. 1,40,000/- and Rs. 50,000/- to the opposite party no. 2 after filing appropriate application.

11. Let a copy of this order be sent to Sri Manish Ranjan, Judicial Magistrate 1st Class, Bokaro/or his Successor Court and be also sent to the learned Principal Judge, Family Court, Bokaro in connection with M.P. Case No. 114 of 2023 for the needful.

12. Thus, I.A. No. 934 of 2025 is allowed and stands disposed of.

13. Put up this case on 8th July, 2025.

(Sanjay Prasad, J.) Vedanti/-