Manoj Hari vs State of Jharkhand And Ors

Heard, learned counsel for the petitioner, Mrs. J. Mazumdar. Learned counsel for the petitioner has submitted that defect nos. 9 (i) & (ii), as per Stamp Reporting dated 07.09.2020, have not been removed, which she undertakes to remove within 30 days after the physical court starts and has prayed that the bail application may be heard, as it is a regular bail application of the petitioner, who is in custody since 13.02.2020.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s) within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with C.P. Case No. 2010 of 2015 for the offence registered under Section 498A I.P.C. as petitioner is husband of the complainant / opp. party no. 2.

Learned counsel for the petitioner has submitted that earlier this petitioner has prayed for grant anticipatory bail, which was allowed by Coordinate Bench of this Court in terms of order dated 12.06.2019 passed in A.B.A. No.628/2019 as learned counsel for the petitioner had submitted that petitioner was ready and willing to pay of Rs.1 lac as ad interim compensation to the complainant without prejudice to his defence within a period of seven months, but he could not arrange the money, as such, he has surrendered before the court below on 13.02.2020.

Learned counsel for the petitioner has submitted that petitioner is a Sweeper and has no financial capacity to pay such huge amount to the complainant, rather this case has been instituted in counter blast to the earlier case, which was filed by brother of this petitioner, Pradeep Hari vide C.P. Case No. 2629/2014 dated 07.11.2014 under Section 406 I.P.C. against the complainant and her mother and thereafter this case has been instituted.

Learned counsel for the petitioner has further submitted that in the solemn affirmation, this complainant has alleged that after four months of the marriage torture was started for demand of Rs.2 lacs. In the meantime, they have blessed with one child and subsequently, a complaint case was filed and on the basis of that, petitioner is in custody since 13.02.2020, though he has been granted anticipatory bail by Coordinate Bench of this Court with some conditions.

Learned counsel for the State, Mr. Abhay Kumar Tiwari has opposed the prayer for bail and has submitted that it is an attempt by the petitioner to mislead his counsel so as to dupe the Court, which is very serious issue.

Considering the rival submissions of the parties, let the petitioner be released on provisional bail as he is in custody since 13.02.2020 so as to appear before this Court on 06.11.2020, if physical court starts. As such, petitioner is directed to be released on provisional bail till 06.11.2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each in connection with C.P. Case No. 2010 of 2015 to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad on the following conditions:

(i) One of the bailors shall be the deponent / pairvikar of the present case namely, Basanti Devi, wife of Gulu Hari, resident of H. No. 94, Premchand Nagar, Hirapur, P.O. & P.S. - Dhanbad, District - Dhanbad, who has furnished photocopy of his UID Card bearing number 5959 6180 4596 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 5959 6180 4596 of deponent alongwith this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / brother / sister.

(iii) The Jail Authority shall release the petitioner only after his medical check-up.

(iv) The Civil Surgeon, Dhanbad is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(v) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

Let notice be issued to the opposite party no.2 under both process i.e. under registered cover with A/D as well as under ordinary process, for which requisites etc. must be filed within a period of two weeks.

In the meantime, petitioner shall also file an affidavit that he is not employed anywhere and he is working as a Sweeper and has no money.

Put up this case on 06.11.2020.