The High Court of Jharkland recalled the petitioner's provisional bail in a 498A IPC case due to failure to fulfill compromise terms regarding dowry and stridhan payment, directing surrender within two weeks.
Provisional bail recalled; petitioner directed to surrender before the learned court below within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 178 of 2019
Dilip Bouri. ... .Petitioner
Versus
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
---------For the Petitioner : Mrs. J. Mazumdar, Advocate For the State : Mrs. Vipul Divya, APP For the O.P. No. 2 : Mr. Shankar Singh, Advocate
07/14.10.2019 Heard the parties.
The petitioner is an accused in connection with Nirsa P.S. Case No. 274 of 2018, G.R. No. 3001 of 2018.
It has been alleged that marriage of the informant was solemnized with the petitioner on 5.8.2009 and after one year of marriage, torture had started upon her which resulted in institution of Chirkunda P.S. Case No. 204 of 2015 under section 498A of the Indian Penal Code.
The matter was compromised but once again torture had started for nonfulfilment of demand of dowry of Rs.50,000/-and on 9.4.2018 it has been alleged that the informant was assaulted and ousted from her matrimonial house. The petitioner was granted provisional bail by this Court on 8.2.2019 and by order dated 28.6.2019, the matter was referred to the District Legal Services Authority, Dhanbad to undertake the process of mediation. The report of Mediator indicates that mediation was successful but it has been submitted by the learned counsel for the O.P. No. 2 that neither the amount of Rs.10,000/-nor the subsequent amount of Rs.40,000/-as well as Stridhan were given to the informant.
Learned counsel for the petitioner has submitted that she has not received any instruction from the petitioner as he could not be contacted.
It, therefore, appears that the petitioner in spite of giving an undertaking to adhere to the terms and conditions of the compromise has failed to do so and therefore in such circumstances the provisional bail granted to the petitioner on 8.2.2019 is hereby recalled with a direction to the petitioner to surrender before the learned court below within a period of two weeks.
This application stands dismissed.
(Rongon Mukhopadhyay, J)
Rakesh/-
Dilip Bouri
The State of Jharkhand
Jyotsana Bauri
Rongon Mukhopadhyay
As recorded by the court registry
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