LAWS(JHAR)-2011-9-193

BIRENDRA YADAV Vs. STATE OF JHARKHAND

Decided On September 05, 2011
BIRENDRA YADAV Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner is accused in connection with Barkatha P.S. Case No.5 of 2010 corresponding to G.R. Case No.154 of 2010 registered under Sections 323, 324, 379. 498-A & 307 of the Indian Penal Code which is pending in the Court of learned Chief Judicial Magistrate, Hazaribagh.

(2.) It appears from the F.I.R. that the informant was subjected to torture for want of more dowry by her husband and in-laws. The informant was thrown into a well by the petitioner but she was saved by the intervention of the villagers. It is submitted that the matter between the complainant and the petitioner has been settled and they are living together. Learned counsel for the complainant concedes the fact but there is serious allegation that the complainant was thrown into well by the petitioner. Considering aforesaid aspect of the matter, I am not inclined to consider the prayer for bail under Section 438(2) Cr.P.C. Accordingly, the prayer for bail on behalf of petitioner stands rejected.

(3.) However, the petitioner is directed to appear before the Court below for seeking regular bail with the complainant with a compromise petition to be acknowledged by both sides and if he so appears, the regular bail may favourably be considered.