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2025 DAILYLAW 30940 (JHR)

BRIJMOHAN RAM ALIAS BRIJMOHAN KUMAR RAM v. THE STATE OF JHARKHAND

B.A./522/2025 · 2025-01-24

Navneet Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 522 of 2025 Brijmohan Ram @ Brijmohan Kumar Ram, age about 24 years, son of Nankhu Ram, resident of Village- Kunwar Thika, Makari, P.O. Makari & P.S. Bhawanathpur, District- Garhwa, ... … Petitioner Versus The State of Jharkhand … … Opposite Party ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Petitioner : Mr. Gaurav Abhishek, Advocate For the State : Mr. Tarun Kumar, A.P.P. -------- Order No. 04/ Dated 24th January, 2025 Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State. 2. The petitioner is an accused in connection with Garhwa (Mahila) P.S. Case No. 21 of 2023, registered under Sections 498(A), 323, 504, 506, 379 of the Indian Penal Code and under Section 3/4 of D.P. Act, pending in the Court of Learned Chief Judicial Magistrate, Garhwa. 3. It is submitted on behalf of the petitioner that the allegation as alleged in the F.I.R. is that the petitioner being the husband had subjected his wife (informant) to torture and cruelty after three months of their marriage and forced her to leave the house for want of fulfillment of demand of dowry. 4. It is submitted on behalf of the petitioner that this petitioner is in jail since 30.08.2024 and charge-sheet in this case has been submitted and therefore, the possibility of tampering the evidence is very remote. 5. Further, it has also been stated that the wife of the petitioner has herself left her matrimonial house voluntarily and willingly by alleging that she was being subjected to harassment and cruelty for want of fulfillment of demand of dowry. It has also been argued that no specific incident of torture and cruelty has been disclosed and entire allegations are omnibus in nature. Further, it has been submitted that the petitioner is ready to compromise the matter through the process of mediation during the course of pendency of this criminal proceeding and therefore he may be enlarged on bail. 2 B.A. No.522 of 2025 6. On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that the informant was subjected to torture and cruelty for fulfillment of demand of dowry and therefore he does not deserve to be enlarged on bail. 7. Having heard the parties, perused the records of this case. 8. In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, it is found just and fair to enlarge the petitioner on bail. Accordingly, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Chief Judicial Magistrate, Garhwa, in connection with Garhwa (Mahila) P.S. Case No. 21 of 2023, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law. (Navneet Kumar, J.) Basant/S. Das