BIMAN CHATTERJEE Vs. SANCHITA CHATTERJEE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) Pursuant to a criminal complaint filed by the respondent-wife herein alleging offence punishable under Section 498-A, IPC against the appellant-husband herein being registered and cognizance taken, the said appellant on 6th October, 1999 surrendered before the Judicial Magistrate, Ranchi in Complaint Case No. 78 of 1999 and sought for grant of bail. On hearing both the sides and noticing the fact that there was a possibility of compromise between the parties, the appellant herein was released on bail by the said Magistrate on his furnishing a bail bond for a sum of Rs. 5,000/- with two sureties of the like amount each. On 13-1-2000, on an application made by the respondent herein alleging that the appellant is not co-operating in the compromise talk, the learned Magistrate cancelled the bail. On a revision filed against the said cancellation of bail by the appellant herein, the High Court of Judicature at Patna, Ranchi Bench on 18-4-2000 allowed the revision. While doing so it held that the Court below was not justified in rejecting in cancelling the bail on the ground that the revision petitioner has adopted an indifferent attitude and was not taking any steps for normalising the relationship as contended by the respondent herein. In the said process, the High Court remanded the matter to the trial Court to re-hear the matter on merit.