B.A./6911/2020 of RAJ KUMAR SINGH Vs THE STATE OF JHARKHAND on 18 December 2020

IN THE HIGH COURT OF JHARKHAND AT RANCHI(Criminal Miscellaneous Jurisdiction) B.A. No. 6911 of 2020

Raj Kumar Singh….. PetitionerVersus1. The State of Jharkhand

2. Ritesh Kumar Singh….. Opp. Parties

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04/Dated: 18/12/2020

Heard, learned counsel for the petitioner, Mr. Indrajit Sinha,learned counsel for the State, Mr. Sanat Kumar Jha and learnedcounsel for the opposite party no. 2, Mr. Bhola Nath Rajak.

Learned counsel for the petitioner has assured this Court that hewill comply the order dated 09.10.2020 with regard to removal ofdefects.

Learned counsel for the petitioner has submitted that petitionerhas renewed his prayer for grant of regular bail in connection withParsudih P.S. Case No. 156/2016 corresponding to G.R. No.1776/2016, for the offence registered under Sections 406, 409, 420,120(B) I.P.C.

Learned counsel for the petitioner has submitted that earlier theprayer for regular bail of the petitioner was rejected in terms of orderdated 18.05.2020 passed in B.A. No. 2474/2020.

Learned counsel for the petitioner has further submitted that asper the settlement between the parties, Rs. 15,00,000/- has alreadybeen paid by the family of the petitioner to the complainant /informant and to that effect, they have filed a compromise petition.

Learned counsel for the petitioner has further submitted that noingredient is made out to constitute an offence under Section 409I.P.C. So far offence under Sections 420 & 406 I.P.C. are concerned,both are compoundable with the permission of the court.

Learned counsel for the petitioner has further submitted thatpetitioner is in custody since 28.11.2019 and may be enlarged on bail.

Learned counsel for the State, Mr. Sanat Kumar Jha, AdditionalPublic Prosecutor has opposed the prayer for bail and has submittedthat though the parties have settled the dispute, the petitioner has threecriminal antecedents of similar nature.

Learned counsel for the informant, Mr. Bhola Nath Ojha, hassubmitted that the petitioner may be enlarged on bail.

Considering the rival submissions of the parties, looking intothe facts and circumstances of the case particularly the compromisepetition whereby it appears that Rs. 15,00,000/- has already been paidto the complainant / informant, this Court is inclined to enlarge thepetitioner on bail. The petitioner is directed to be released on bail onfurnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) withtwo sureties of the like amount each in connection Parsudih P.S. CaseNo. 156/2016, corresponding to G.R. No. 1776/2016 to thesatisfaction of learned Additional Chief Judicial Magistrate,Jamshedpur on the following conditions:

(i) One of the bailors shall be the deponent / pairvikar of thepresent case namely, Amit Kumar Singh, son of Subhash ChandraSingh, resident of H.No. 8, Ward No. 5, Dindli Road, Saldih Basti,P.O. & P.S. - Adityapur-1, District - Seraikella-Kharsawan, who hasfurnished photocopy of his UID Card before this Court in the bailapplication.

Office is directed to send the photocopy of UID Card ofdeponent alongwith this order to the court below so as to verify theauthenticity of the bailor.

(ii) Another bailor shall be father / mother / brother / wife of thepetitioner.

(iii) Petitioner shall appear before the trial court on each and everydate till conclusion of the trial.

(iv) The Jail Authority shall release the petitioner only after hismedical check-up.

(v) The Civil Surgeon, Jamshedpur is directed to medicallyexamine the petitioner at the time of his release and if he is infectedwith corona virus, he shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted inany other case.

(vi) The petitioner shall follow all the guidelines issued by theGovernment to meet the challenges of Covid-19, as presentlyCountry is passing through pandemic of Covid-19.

Accordingly, the instant bail application is allowed.

Sunil-Jay/

(Kailash Prasad Deo, J.)