Mahavir Sahu vs The State of Jharkhand

Pradeep Kumar, J.—Heard learned Counsel for the Petitioner and learned Counsel for the State.

This is an application for grant of regular bail to the Petitioner for the offence under Sections 341/326/307 of the Indian Penal Code.

It is submitted by the learned Counsel for the Petitioner that it will appear from the F.I.R. that the Petitioner who happens to be her cousin brotherinlaw (Dewar) came with a "Balua" and stated that she called her "Pagla" and hence he assaulted her with the said Balua and subsequently she caused injury on his head and his brotherinlaw (Bhaisur) also caused serious injury. It is further submitted that the Petitioner was under treatment at RINPAS, Kanke, Ranchi and after treatment when he came she called him Pagla then this occurrence took place. Although the F.I.R. was registered u/s 326 of the Indian Penal Code but subsequently charge sheet was submitted under Sections 324/341/307 of the Indian Penal Code. It is further submitted that the Petitioner is mentally ill and earlier after hearing both the parties a report was called for from the jail doctor with regard to the mental condition of the Petitioner and the jail doctor by his report dated 20.08.2010 has stated that the Petitioner was examined by the Psychiatrist of RINPAS, Kanke, Ranchi that he is mentally ill and he is taking anti psychiatric medicine and as such he may be enlarged on bail.

Learned Counsel for the State has opposed the prayer for bail.

In the facts and circumstance of the case since the medical officer of the Birsa Munda Central Jail, Hotwar, Ranchi has submitted that the Petitioner is mentally ill, the Petitioner, above named, is directed to be enlarged on bail, on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Ranchi in connection with Sadar P.S. Case No. 85 of 2010 corresponding to G.R. No. 1407 of 2010 subject to the conditions that one of the bailors will be either his own brother or his wife who will give local security and he/she will undertake that he/she will send the Petitioner for proper medical treatment at RINPAS, Kanke, Ranchi.