The High Court confirmed the provisional bail granted on July 24, 2018, to the petitioner accused under IPC 498A. The court noted the general nature of allegations and the petitioner's surrender without misuse of interim bail.
Provisional bail granted vide order dated 24.07.2018 is confirmed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3836 of 2018 Sunil Marandi … … … Petitioner Versus The State of Jharkhand & another … … Opp. Parties. -----CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
----For the petitioner: Mr. Indu Shekhar Gupta, Advocate. For the State: Addl. P.P.
08/07.12.2018. Heard learned counsel for the parties.
The petitioner is an accused for the offence punishable under sections 498(A) of the Indian Penal Code.
Notice has been issued to the opposite party no.2, but she has not appeared.
The petitioner is the husband. The allegation is general and omnibus in nature. The petitioner has surrendered on 05.02.2018 and remained in custody till he was released on provisional bail granted to him vide order dated 24.07.2018. There is no allegation of misuse of privilege of provisional bail granted to him.
Taking into consideration the nature of allegation, which is general, and the fact that the petitioner has not misused the privilege of provisional bail granted to him, I am inclined to allow this application. Accordingly, the provisional bail granted to the petitioner, namely, Sunil Marandi vide order dated 24.07.2018, in connection with P.C.R. Case No. 95 of 2014, pending in the Court of the learned S.D.J.M., Dumka, is hereby confirmed.
This application is, accordingly, allowed.
(Ananda Sen, J)
Sharma/-
1 issue framed by the court
Whether to confirm the provisional bail granted to the petitioner in an IPC 498A case.
Sunil Marandi
The State of Jharkhand
Ananda Sen
As recorded by the court registry
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