Mithilesh Kumar Soni vs State Of Jharkhand And Ors

Heard the parties through video conferencing.

Learned Senior Advocate appearing for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two

weeks after the lockdown period is over.

In view of the personal undertaking of the learned Senior Advocate appearing for the petitioner, the defects pointed out by the stamp reporter are

ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Patratu (Bhurkunda) P.S.

Case No.168 of 2019 registered under sections 341/323/379/497/498A/313/307/504/34 of the Indian Penal Code, Section 3/4 of D.P. Act and under

Section ¾ of Witch Craft Act.

It is jointly submitted by the learned Senior Advocate appearing for the petitioner and the learned counsel of the opposite party no.2 that the petitioner

and the informant-opposite party no.2 are ready and willing to resume conjugal life. It is also jointly submitted that both the petitioner and the

informant-opposite party no.2 will appear before the learned court below on 28.11.2020 and the petitioner will furnish an undertaking that he will take

the opposite party no.2 with him and will keep and maintain her with full dignity and honour as his lawful wife. It is next submitted that though the

petitioner has no relationship with any lady namely Baby Devi but still the petitioner undertakes that he will not have any relationship with any lady

namely Baby Devi nor he will allow Baby Devi to come to his house during the pendency of the case. It is further submitted by the learned Senior

Advocate appearing for the petitioner that the allegations against the petitioner are all false and are general and omnibus in nature. Hence, it is

submitted that the petitioner be given the privilege of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he

shall be released on bail on showing his readiness to take the opposite party no.2 with him from the court itself and on furnishing an undertaking that

he will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife and on furnishing bail bond of Rs. 25,000/- (Rupees

Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ramgarh, in connection with

Patratu (Bhurkunda) P.S. Case No.168 of 2019 with the condition that the petitioner will continue keeping and maintaining the opposite party no.2 with

full dignity and honour as his lawful wife and will not have any relationship with any lady namely Baby Devi nor he will allow Baby Devi to come to

his house during the pendency of the case and other conditions laid down under section 438 (2) Cr. P.C.