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2024 Supreme(Jhk) 292

PRADEEP KUMAR SRIVASTAVA
Suresh Thakur @ Bhutak Thakur, Son of Ruplal Thakur – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Lukesh Kumar Advocate
For the Respondent: Mrs. Vandana Bharti, Addl.P.P

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard the learned counsel for the petitioner and the learned APP for State. In spite of valid personal service of notice, opposite party no.2 did not turn up to contest this case and it is reported that she has been remarried with one Ashok Thakur of village Manjhaladih, Badki P.S. Dumri.

2. The instant criminal revision is directed against the Judgment dated 15.12.2015 passed in Criminal Appeal No 51 of 2009 by learned District and Additional Sessions Judge-II, Giridih, whereby and whereunder while dismissing the appeal, Judgment of conviction and order of sentence dated 02.06.2009 passed in Bagodar P.S. Case No. 43 of 2002 corresponding to G.R. No. 351 of 2002 (T.R. Case No. 103 of 2009) by learned Sub Divisional Judicial Magistrate, Giridih for the offence under Section 498A of the Indian Penal Code and sentence passed against petitioner to undergo R.I. for two years along with fine of Rs. 3,000/-with default stipulation has been confirmed.

3. Factual matrix giving rise to this appeal is that informant Binda Devi was married with the present petitioner on 10.03.1999 in accordance with Hindu rites and customs. It is alleged that at the time

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