The court granted bail in a matrimonial dispute case after considering the total custody period, despite a concurrent finding of guilt under Section 498-A.

JUDGMENT :

SANJAY PRASAD, J.

I.A. No. 92 of 2025

1. This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 05.03.2024, passed by Sri Anand Mani Tripathi, the learned Additional Sessions Judge-IV, Jamshedpur, in Criminal Appeal No. 139 of 2022 dismissing the appeal by affirming the judgment of conviction and order of sentence dated 04.08.2022, passed by Sri Vikash Kumar Bhagat, learned Judicial Magistrate, 1st Class, Jamshedpur, in G.R. Case No.2694 of 2013, arising out of Telco P.S. Case No. 317 of 2013, by which the petitioner has been convicted for the offence under Section 498-A of I.P.C. and sentenced to undergo S.I. for One years and to pay the fine of Rs.5,000/-.

2. The instant Interlocutory Application has been filed on behalf of the petitioner under Section 438 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 for grant of bail during the pendency of this Criminal Revision Application.

3. Heard Mr. A.K. Kashyap, learned Senior Counsel appearing for the petitioner, Mrs. Vandana Bharti, learned A.P.P. for the State and Mr. Vikash Kumar, learned counsel for O.P. No.2.

4. Learned counsel for the petitioner has submitted that after dismissal of the criminal appeal the petitioner has surrendered before the Trial Court on 15.10.2024 and since then he is in jail, i.e. for about Four (04) months nine (09) days. It is further submitted that even during trial, the petitioner, who is the husband, had remained in custody for Three (03) months Five (05) days since then and thus, the petitioner has remained in custody in total for Seven (07) months and Fourteen (14) days.

5. Learned A.P.P. appearing for the Sate and the learned counsel for O.P. No.2 have opposed the prayer for bail.

6. Under the circumstances, although there is a concurrent finding of fact against the petitioner, who is the husband, however, considering the period of the custody of the petitioner and the facts and circumstances of the case and also considering that this is a case of matrimonial dispute, the petitioner, namely Manoj Kumar Singh is directed to be released on Bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sri Vikash Kumar Bhagat, learned Judicial Magistrate, 1st Class, Jamshedpur, in G.R. Case No.2694 of 2013, arising out of Telco P.S. Case No. 317 of 2013.

7. Thus, the I.A. No. 92 of 2025 is allowed and stands disposed of.

Criminal Revision No. 638 of 2024

8. However, it may be desirable that the parties that the parties may settle the dispute through mediation as well as conciliation.

9. Under the circumstances, both the petitioner and O.P. No.2 are directed to appear before the learned Member Secretary, JHALSA on 18^th March, 2025 at 11.30 A.M. The learned Member Secretary, JHALSA shall appoint a Mediator for amicable settlement of the dispute between both the sides and submit the report on or before this Court on or before 21^st April, 2025.

10. Put up this case on 24^th April, 2025.

11. Let a copy of this order be sent to the JHALSA for the needful.