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2020 DIGILAW 210 (JHR)

Puja Mandal @ Pooja Mandal v. State Of Jharkhand

2020-02-03

ANUBHA RAWAT CHOUDHARY

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JUDGMENT 1. Heard Mr. P. K. Rai, learned counsel appearing on behalf of the petitioner. 2. Nobody appears on behalf of the State. 3. This petition has been filed for the following reliefs: - ''That the instant application is being filed for modification of the order of this Honble Court vide order dated 18/10/2019 passed by Honble Mrs. Justice Anubha Rawat Choudhary, in Cr. Appeal (SJ) No. 823/2019, whereby and whereunder the above named petitioner Puja Mandal @ Pooja Mandal was order to be released on bail on certain conditions including that one of the bailers should be the husband of the petitioner.'' 4. The said Cr. Appeal (S.J.) No. 823 of 2019 was filed in connection with Giridih (T) P.S. Case No. 309/2017, corresponding to G.R. Case No. 3071/2017 registered under Sections 147/148/341/342/323/448/379/504/506 of the Indian Penal Code and Section 3(1)(X) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act , now said to be pending in the court of learned Special Judge, SC/ST Act, Giridih. 5. Learned counsel for the petitioner submits that one of the conditions of bail which imposed by this Court vide order dated 18.10.2019 passed in Cr. Appeal (S.J.) No. 823 of 2019 was that the husband of the appellant (petitioner herein) should be one of the bailors. The learned counsel further submits that the present petitioner and her husband are on litigating terms as the petitioner had filed a case against her husband under Section 498(A) and 34 of the Indian Penal Code and Section 3 of Dowry Prohibition Act on 05.05.2017. Accordingly, the petitioner is not in a position to satisfy the aforesaid condition of bail which had been imposed by this Court vide order dated 18.10.2019. The learned counsel submits that the cousin (brother) of the petitioner, namely, Sudhir Mandal is ready to become one of the bailors of the petitioner and he submits that the order dated 18.10.2019 passed by this Court may be modified. 6. Considering the facts and circumstances of this case and being satisfied with the arguments advanced on behalf of the petitioner, this Court hereby modifies the order dated 18.10.2019 passed by this Court in Cr. 6. Considering the facts and circumstances of this case and being satisfied with the arguments advanced on behalf of the petitioner, this Court hereby modifies the order dated 18.10.2019 passed by this Court in Cr. Appeal (S.J.) No. 823 of 2019 to the extent that instead of husband of the petitioner being one of the bailors, the aforesaid person, namely, Sudhir Mandal is permitted to be one of the bailors for the petitioner before the learned court below subject to the satisfaction of the learned court below. 7. Accordingly, this petition is hereby allowed with the above modification in order dated 18.12.2019 passed in Cr. Appeal (S.J.) No. 823/2019. 8. Let this order be communicated to the learned court below through FAX.