Anil Kumar Sao vs State Of Jharkhand

In view of Corona Covid-19 outbreak, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 12:30 afternoon. They have no complaint in respect to the audio and video clarity and quality.

Learned counsel for the petitioner at the very outset submits that due to inadvertence, complainant has not been impleaded as opposite party in this application and therefore seeks permission to implead her (Soni Devi, wife of Anil Sao, daughter of Guru Prasad Sao, Resident of - Village - Jhalda, P.S. - Jhalda, District - Purulia, West Bengal) as opposite party no. 2.

Permission is accorded.

Let the complainant detailed hereinabove, be impleaded as opposite party no. 2 in this application within a period of eight weeks or as and when normal functioning of Court starts.

In view of outbreak of Covid-19 pandemic, office is directed to do the needful in cause title of the petition through red-ink.

I.A. No. 2213 of 2020

Heard learned counsel appearing for the petitioner and learned APP appearing for the State.

It appears that I.A. No. 2213 of 2020 has been filed for extension of time to remove certain defects in view of order dated 19.02.2020

Mr. Rajesh Kumar, learned counsel appearing for the petitioner submits that surrender certificate has already been filed and as such I.A. No. 2213 of 2020 has now become infructuous.

In view of submission of learned counsel for the parties, I.A. No. 2213 of 2020 stands disposed of.

I.A. No. 3086 of 2020

Heard learned counsel appearing for the petitioner and learned APP appearing for the State.

I.A. No. 3086 of 2020 has been filed for grant of bail to the petitioner by suspending period of sentence.

Mr. Rajesh Kumar, learned counsel appearing for the petitioner submits that the petition being M.T.S. Case No. 189/2010, filed by the petitioner under Section 9 of the Hindu Marriage Act for restitution of conjugal right was decreed in favour of the petitioner. There is no proof of assault or any type of cruelty. The complainant herself was not ready to reside with her in-laws and for that she lodged the complaint case. Petitioner has a good case and as such he may be released on bail during pendency of this revision application after suspending the sentence.

Learned APP has opposed the prayer for bail.

Having heard counsel for the parties and considering facts and circumstances of the case, he is directed to be released on bail on furnishing bail bond of Rs.25,000/- [Rupees Twenty Five Thousand] only, with two sureties of the like amount each, after suspending the sentence in connection with Complaint Case No. 1968/2010 [T.R. No. 32/2016], to the satisfaction of Judicial Magistrate, 1st Class, Hazaribagh or successor court.

I.A. No. 3086 of 2020 stands allowed.

Criminal Revision No. 367 of 2018

Admit.

Call for lower court record from the court concerned.

Petitioner is directed to take steps for service of notice to the newly added opposite party no. 2 for which requisites etc. under registered cover with A/D as also under ordinary process must be filed by him within a period of two weeks after court starts its normal functioning.