Roshan Kumar @ Raushan Kumar vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Prabhat Kumar Sinha.

Learned counsel for the petitioner has submitted that defect nos. 9(i) to (iii), as per Stamp Reporting dated 10.07.2020, have not been removed, which

he undertakes to remove within 30 days after the lock down period is over and the bail application may be heard, as it is a regular bail application of

the petitioner.

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 lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over 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 Mandu (W.B.) P.S. Case

No. 33/2019, for the offence registered under Sections 341, 323, 498A, 504/34 I.P.C. and Section 3 / 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner has submitted that earlier the prayer for anticipatory bail of this petitioner has been allowed in terms of order dated

02.12.2019 in A.B.A. No. 5794/2019 passed by Coordinate Bench of this Court with a directin that petitioner shall deposit Rs. 3,00,000/- in favour of

the informant / opposite party No. 2 as ad interim victim compensation within four months from the date of the order, but petitioner could not arrange

the said amount within stipulated time and thus, he has surrendered on 05.06.2020 as his financial condition is not such that he can arrange the amount

in such a short period.

Learned counsel for the petitioner has further submitted that though petitioner is ready to restore the conjugal right with the informant / wife and for

which, he is ready to execute bond before the court below.

Learned counsel for the petitioner has further submitted that petitioner could not comply the order dated 02.12.2019 of payment of Rs. 3,00,000/-, but

this Court may modify the same for release of the petitioner.

Learned counsel for the State, Mr. Tarun Kumar, Additional Public Prosecutor has opposed the prayer for bail and has submitted that this petitioner is

dupping the judicial proceeding by not complying the order passed by Coordinate Bench of this Court, as such, he may not be enlarged on regular bail.

Considering the rival submissions of the parties, since the petitioner was granted anticipatory bail on condition of payment of Rs. 3,00,000/- within four

months from the date of order, but now this Court is considering the regular bail application of the petitioner and keeping in view the welfare of the

lady, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

amount each in connection with Mandu (W.B.) P.S. Case No. 33/2019 to the satisfaction of learned Additional Chief Judicial Magistrate, Ramgarh on

the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Nitesh Kumar, son of Rajendra Kumar, resident of Holding No.

1706, Near Shastri Maidan, Samlong Naya Toli, P.O.- Namkum Samlong, P.S. - Namkum, District - Ranchi, who has furnished photocopy of his UID

Card bearing number 9294 3965 0620 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 9294 3965 0620 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 / son / wife / brother.

(iii) Petitioner shall file an affidavit before the learned trial court that he is ready to restore the conjugal life.

(iv) Petitioner shall part with 50% of his agricultural produce from share of his landed property to the informant.

(v) Petitioner shall appear before the learned trial court in Maintenance Case without any further delay.

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

(vii) The Civil Surgeon, Ramgarh 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.

(viii) 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.

Accordingly, the instant bail application is allowed.