High CourtsSingle Bench

Mahesh Munda vs State Of Jharkhand

Jharkhand High Court · Decided on 30 September 2020 · Citation: (2020) 09 JH CK 0231

HON’BLE JUDGES
Ananda Sen, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 376, 494, 494A, 504, 506
CASE NUMBER
Bail Application No. 7055 Of 2020
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Judgment

9 paragraphs · 313 words

The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

Learned counsel for the petitioner prays to ignore the defects and take up the matter on merits.

Police station case number be read as "Basal P.S. Case No. 03 of 2020" in place of "03 of 2010". Rest of the defects stand ignored for the present.

Heard the counsel for the parties.

The petitioner is an accused for allegedly committing offence punishable under Sections 498A, 494, 376, 504, 506, 323 of the Indian Penal Code.

In the FIR, it has been stated by the informant that she is widow as her husband died 24 years back and for the last 15 years this petitioner is cohabitated with the informant and two children was also born out of the said cohabitation. It is alleged that this petitioner is now living with another woman.

Considering the nature of allegation and the period, which the petitioner and the informant spent together, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Mahesh Munda is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Ramgarh in connection with Basal P.S. Case No. 03 of 2020.

Further, I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Center by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.