VINAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel appearing for the petitioner submits that the petitioner has been sentenced by the judgment dtd. 24/9/2024 passed by learned Judicial Magistrate, First Class, Koderma in connection with Telaiya P.S. Case No.133 of 2017, G.R. No.437 of 2017, whereby the petitioner has been convicted under Sec. 498A IPC and sentenced to two years of SI for offence under Sec. 498A IPC and fine of Rs.10,000.00 for offence under Sec. 498A IPC and in default of payment of fine SI for three months. He further submits that the petitioner has challenged the same before the learned Sessions Judge, Koderma in Criminal Appeal No.42 of 2024 whereby learned Additional Sessions Judge has upheld the order dtd. 12/2/2025 and he has been pleased to dismiss the said order.

(2.) He further submits that I.A. No.14291 of 2025 has been filed for release of the petitioner on bail. He next submits that the petitioner was granted anticipatory bail during trial. He next submits that the petitonier has surrendered before the learned court on 18/8/2025 and remained in custody for about 3 months and 27 days. He then submits that in case of Rajesh Chhadha v. State of Uttar Pradesh reported in 2025 OnLine SC 1094 it has been held that unless the demand of dowry under Sec. 498A of the IPC followed by certain act is there, Sec. 498A IPC will not sustain. He then submits that Sec. 3 and 4 of Dowry Prohibition Act coupled with another allegation is not approved, Sec. 498A IPC will not survive. He also submits that petitioner and informant both have solemnized second marriage. He then submits that this revision petition is of the year 2025 and there is no likelihood of this criminal revision petition of being taken recently and in view of that the petitioner may kindly be allowed bail during pendency of this revision petition.

(3.) Learned counsel for the respondent State and the learned counsel for the O.P.no.2 jointly oppose the prayer for bail and submit that there are concurrent finding of two learned courts and in view of that prayer for bail may kindly be rejected.