IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1673 of 2011
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Piyush Kumar Jha ... ...... Petitioner
Versus
1. The State of Jharkhand
2. Shila Jha .... ... .... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioner : Mr. S.K. Upadhyay, Advocate
For O.P. No.2 : Mr. Dilip Kumar Prasad, Advocate
For the State : A.P.P.
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03 /05.09.2011
Heard learned counsel for the parties.
Petitioner is accused in a case registered under Sections 323 & 498-A of the
Indian Penal Code.
It reveals that the complainant Shila Jha was subjected to torture by her husband
and in-laws for want of Rs.50,000/- and a T.V. The petitioner has filed a petition for
divorce and got the signature of the complainant in order to convert the same into
mutual petition for divorce. The complainant learnt about the misdeed committed so,
and she filed a petition to annul the said order.
It is submitted that the complainant is not willing to live with the petitioner and
therefore, a petition for divorce was filed and with the consent of the complainant it
was converted into the petition for mutual divorce. It is incorrect to say that the
petitioner has demanded dowry for which the complainant was subjected to torture.
Learned counsel for the State as well as learned counsel appearing for
complainant have opposed the prayer for bail. Learned counsel for the complainant has
submitted that the petitioner is having habit to file frivolous petition in the Court
making absurd allegation.
It appears that the chances of reconciliation between the spouses has become
remote. The parties are at liberty to proceed with the case to get justice but till then,
considering matrimonial nature of the offence, above named petitioner is directed to
surrender in the Court below within a fortnight and on such surrender or in the event of
his arrest the petitioner shall be released on bail by the Court below on furnishing bail
bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Ranchi in connection with Complaint Case No.2339 of
2009 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
NKC (D.N. Upadhyay, J)