Single judge order confirming provisional bail granted to petitioner charged with Indian Penal Code and Dowry Act offences, where mediation initially succeeded but wife refused cohabitation.
Provisional bail granted vide order dated 13.04.2018 is confirmed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3000 of 2018
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Santosh Sen @ Rupa Kumar
Petitioner
-versus-
Opposite Parties
---CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : A.P.P. For the O.P. No.2 : Mr. Gautam Kumar, Advocate
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7/ 09.10.2018 Heard learned counsel for the parties.
Petitioner is an accused for allegedly committing the offence punishable under Sections 498(A)/379/406 of the Indian Penal Code, Sections 3/4 of the Dowry Prohibition Act, in connection with Nirsa Police Station Case No.347 of 2015 corresponding to G.R. No.5698 of 2015, pending in the Court of learned Judicial Magistrate 1st Class, Dhanbad.
Both the petitioner and the wife are present. Though the mediation was successful, but, now the opposite party No.2 (wife) does not want to stay with the petitioner. Opposite Party No.2, who is present, refuses to stay with the husband for which no reason has been put forth.
Learned counsel for the petitioner submits that it will be risky for the petitioner as the opposite party No.2 is always trying to commit suicide. He submits that the petitioner has already remained in custody for about 3 (three) months, whereafter he was granted provisional bail. He submits that there is no allegation of misuse of provisional bail by the petitioner and there is no other allegation against him after the petitioner was granted provisional bail.
The counsel for the Opposite Party No.2 also is not in a position to figure out the reason as to why she is not willing to stay with the petitioner.
In view of the aforesaid facts, I am inclined to allow this application. Accordingly, provisional bail granted to the petitioner, abovenamed, vide order dated 13.04.2018, in connection with Nirsa Police Station Case No.347 of 2015 corresponding to G.R. No.5698 of 2015, pending in the Court of learned Judicial Magistrate 1st Class, Dhanbad is hereby confirmed.
This application stands allowed.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether to confirm the provisional bail of the petitioner in domestic offence case.
Santosh Sen @ Rupa Kumar
The State of Jharkhand
Bandana Sen
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
