Lily Bhattacharya And Ors vs State Of Jharkhand And Another

Heard, learned counsel for the petitioners, Mr. Kripa Shankar Nanda.

Learned counsel for the petitioner has submitted that defect no.8, 9(i) to (vi) could not be removed as he was not allowed to enter into the High Court premises because of the lock down due to pandemic disease Covid-19, however, he undertakes to comply the orders dated 09.04.2020 and 18.04.2020 passed by co-ordinate Benches of this Court by filing an undertaking before the High Court in course of day, that he will remove the defects within 30 days after lock down period.

The petitioners have prayed for grant of regular bail in connection with Private Complaint No. 78/2017, for the offence registered under Sections 498(A) of IPC.

Learned counsel for the petitioner has prayed that petitioner no.1 is a married sister-in-law and petitioner no.2 is husband of the complainant, as such, they may be enlarged on bail as they are in custody since 19.02.2020 and 14.01.2020 respectively and the cognizance has been taken in connection with Private Complaint No.78 of 2017 under Sections 498(A) IPC. The marriage was solemnized on 27.05.2016 and she has voluntarily left her Sasural after making G.D. Entry no.1822 dated 26.12.2016 before Dankuni P.S., Uttarpada district of West Bengal.

Learned counsel for the State, Mrs. Nehala Sharmin, Additional Public Prosecutor, has opposed the prayer and has submitted that it is a case arising out of a Complaint case where consideration of bail of the petitioners can only be entertained after appearance of the complainant, as such, notice may be issued to the complainant.

After hearing learned counsel for the parties, since the country is passing through pandemic disease Covid-19 and the petitioner no.1 is in custody on her surrender since 19.02.2020 being the married sister-in-law and petitioner no.2 being husband is in custody since 14.01.2020, this Court grant petitioner no.1, Lily Bhattacharya regular bail on personal bond of Rs.5,000/- in connection with Private Complaint No. 78/2017, to the satisfaction of learned Judicial Magistrate, 1st Class, Seraikella, however she shall furnish two bailors/sureties of Rs.5,000/- each within 30 days after the lock down period is over.

So far petitioner no. 2 namely, Tarun Bhattacharya is concerned, he is granted provisional bail on personal bond of Rs. 5,000/- in connection with Private Complaint No. 78/2017, to the satisfaction of Judicial Magistrate, 1st Class, Seraikella,, as the Country is passing through a pandemic disease (COVID-19). However, he shall appear before the Court on the next date as notice is being issued to the complainant/wife, for which requisites etc. must be filed under both processes i.e. under registered with A/D as well as under ordinary process by the petitioner. He shall appear before the High Court on 30.06.2020. On that date, opposite party no. 2 / complainant shall also appear in person.

The Jail Authority shall release the petitioners only after their medical check-up.

The Civil Surgeon, Seraikella is directed to medically examine the petitioners and if requires petitioners shall be taken for quarantine, but if no such requirement is there, they shall be released on personal bond of Rs. 5,000/-(Rupees Five Thousand) with aforesaid conditions by the court.

Put up this case on 30.06.2020.