Madhavanand Jha vs State Of Jharkhand

Ratnaker Bhengra, J

Heard both the counsels.

The learned counsel for the petitioner has submitted that the petitioner is making his prayer for bail for the second time and that earlier his prayer for bail was rejected by this Court on 20.09.2023. The learned counsel has further submitted that there has been changed circumstances though on the last occasion as per the statement of elder child under sections 161 and 164 CrPC he has implicated the petitioner, however, now in his statement, during trial, he has deposed that on the day of the incident his father had not said anything against his mother and even deposed that police had not taken his statement during investigation. The learned counsel has further submitted that he has further deposed in his cross-examination that his father never used to demand items for dowry from his mother or his mother's parents and that on the occasion when his mother hanged herself his father was not at home and has also deposed that at the time of giving his statement before the Magistrate he was very frightened by his maternal uncle and had given his statement as per his saying. The learned counsel has further submitted that the children are now living elsewhere. Moreover, the petitioner is in custody since 15.01.2023. Therefore, the petitioner may be granted privilege of bail.

Learned counsel for the State has vehemently opposed the bail application of the petitioner and has submitted that heinous offence of murder of his own wife was committed and the custodial period of the petitioner is very little. The learned counsel for the State has further submitted that the child in his statement under section 164 CrPC has fully supported the allegation made against the petitioner.

Having gone through the records of the case and arguments in the facts and circumstances, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Commissioner-XV, Ranchi, in connection with Argora PS Case No. 17 of 2023 (Sessions Trial No. 571 of 2023), subject to the conditions that (i) the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court (ii) the petitioner shall also remain present on each and every date of trial before the learned Court below unless dispensed with by the learned Court below and (iii) the petitioner shall report to the concerned police station on last Saturday of every month between 1:00 PM and 5:00 PM in the next twelve month, failing which his bail bonds shall be cancelled. Any exception to such attendance shall be done so after direction from the learned Court below.