Parijat Roshan Sinha vs The State Of Jharkhand And Anr on 6 July, 2015

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Jharkhand High Court

Parijat Roshan Sinha vs The State Of Jharkhand And Anr on 6 July, 2015

Bench: D.N.Upadhyay

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      A.B.A.No. 897 of 2015
          Parijat Roshan Sinha.               ...     ...Petitioner
                            -Versus-
          1. The State of Jharkhand.
          2. Neha Kumari.                   ... ...Opp. Parties
                            ---------
          CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY


         For the Petitioner:          Mr. Prabir Kumar Chatterjee, Advocate.
         For the State:               A.P.P.
         For the O.P.No.2:            Mr. R.C.Chamaria, Advocate.
                           ---------
04/06.07.2015

The petitioner is an accused in a case registered under Sections 498(A)/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

The petitioner has been prosecuted for causing torture and treating the complainant with cruelty for want of more dowry. It is alleged that the complainant was thrown on gas burner and she sustained burn injury. She was also assaulted by her husband and in- laws for want of more dowry.

It is submitted that the petitioner is always ready to keep the complainant with all dignity and care but she does not want to join her matrimonial home rather she is much more interested in getting money either by way of maintenance or by way of settlement and that is apparent from paragraph no.9 of the counter-affidavit. It is further submitted that at any cost the complainant is not ready to join her matrimonial home.

Counsel appearing for the complainant has vehemently opposed the prayer but failed to bring on record any injury report to show that the complainant had sustained burn injury on any occasion due to the push caused to her by the petitioner. It is submitted that prayer for bail made on behalf of the father-in-law and the mother-in- law has been rejected by this Court on merit.

In the circumstances, the petitioner is directed to surrender before the court-below within two weeks from today and if he does so he shall be released on bail on furnishing bail bond of Rs.10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Dhanbad in connection with C.P. Case No. 1543/2014, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

[D.N.Upadhyay,J.] P.K.S.

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