Ramanand Sao @ Ramanand Shaw Vs. State of Jharkhand

delhi rent control act, 1958 - section 25-b - special procedure for the disposal of applications for eviction on the ground of bona fide requirement -- the eviction order has been impugned by the petitioner-tenant since it has been passed without any opportunity to her to defend the eviction petition. on 26-08-09 the trial court recorded that the summons sent by ordinary process had not been served while that sent by registered post had been received back with the report of the postman that the respondent(petitioner-tenant herein) had refused to take the summons on 18-08-09. the trial court thus did not go into the merits of the plea of the petitioner-tenant that she was never tendered the summons and thereby the doors of justice were shut for her. the trial court has, however, not gone into this plea of the petitioner- tenant. fraud and justice never dwell together." at any rate the high court ought not have refused to consider their grievances. the parties shall now appear before the trial court on 26 th september, 2011 at 2 p.m. till the disposal of the petitioner - tenants application for recalling of the eviction order, which was rejected by the trial court vide its order dated 06.04.11, the execution proceedings shall remain in abeyance.in the high court of jharkhand at ranchi a.b.a. no. 2695 of 2011 -----ramanand sao @ ramanand shaw ... versus the state of jharkhand coram: -----.... ... ........ ...petitioner opp. partyhon'ble mr. justice d.n. upadhyay -----for the petitioner : mr. sanjay kumar sinha, advocate for the complainant : mr. rajesh kumar, advocate for the opp. party : a.p.p. ----03 /11.10.2011 heard learned counsel for the parties. petitioner is accused in a case registered under sections 498-a & 494 of the indian penal code. it is alleged in the complaint that the petitioner being the husband has arranged his second marriage when demand of dowry made by him from the complainant was not fulfilled. the complainant was also subjected to assault and she was driven out from her matrimonial home. it is submitted that the offence under section 494 i.p.c. is bailable and so far section 498-a is concerned, false allegation of demand of dowry and torture has been levelled. learned counsel appearing for the complainant opposed the prayer for bail. considering matrimonial nature of the offence, above named petitioner is directed to surrender in the court below within a fortnight and on such surrender or in the event of his arrest the petitioner shall be released on bail by the court below on furnishing bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of sri s.k. dubey, learned judicial magistrate,dhanbad in connection with c.p. case no.828 of 2010 subject to the conditions as laid down under section 438 (2) of the cr.p.c.(d.n. upadhyay, j)nkc