Jharkhand High Court
Praveen Gupta vs The State Of Jharkhand on 10 October, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 2885 of 2015
Praveen Gupta ..... Petitioner(s)
Versus
State of Jharkhand. .... Opp. Party(s)
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner(s) : Mr. Anjani Kumar, Advocate.
For the State : APP
For the Informant : Mr. P.A.S. Pati, Advocate
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04/10.10.2017. Heard learned counsel appearing for the petitioner and learned A.P.P. for the State as well as counsel for the Informant.
The petitioner, who is an accused for offence under Sections 498, 323, 341, 504, 506, 497, 120B, 34 of the Indian Penal Code and Sections 3 /4 of the D.P. Act, prays for anticipatory bail expressing apprehension of his arrest in connection with Golmuri P.S. Case No.12 of 2015, pending in the court of learned J.M. 1st Class, Jamshedpur.
Heard the counsel for the parties.
Regard being had to the facts and circumstances, the petitioner, above-named, is directed to surrender himself before the court below on or before 27th November, 2017, and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of J.M.1 st Class, Jamshedpur, or its successor court, in connection with Golmuri P.S. Case No.12 of 2015 corresponding to G.R. No.156 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and subject to further conditions which are as follows :-
(a) One of the bailors should be local resident of the Jamshedpur of having solvent person.
(b)Further the petitioner is directed to file an undertaking through his counsel to the effect that whenever his presence is required, he will personally present so that trial of this case will not hamper.
(c) The petitioner will deposit arrears amount for the month of September, October and November, 2017 total amount of Rs.36,000/- latest by 27.11.2017.
(d) Petitioner is directed to pay ad interim maintenance @ Rs.12,000/- per month.
(e)Petitioner will deposit the amount from December, 2017 before the trial court.
(f ) Petitioner thereafter will deposit the monthly ad interim maintenance from December, 2017 onwards before the trial court latest by 20 th day of every month of English Calendar.
-2-(g) If the Informant does not have Bank account then the trial court in support of the D.L.S.A., Dhanbad, will also get Bank account of the Informant /O. P. No.2, namely, Sweta Kumari, be opened in any Nationalized Bank under 'Prime Minister's Jan Dhan Yojna'.
(h) On deposit of the aforesaid amount, the Opp. Party No.2 shall appear before the court below and file application through her learned counsel, thereafter, on proper verification, the court below will release the aforesaid amount in favour of the Informant/ Opp. Party No.2.
(i) If the petitioner defaults to make payment of ad interim maintenance for two successive months, it shall be open for the Informant/Opp. Party No.2 to file an application for cancellation of bail of the petitioner.
(j) This interim maintenance shall be subject to any appropriate order passed by any competent court of jurisdiction regarding maintenance. The trial court is directed to submit a report regarding the release of the amount to the informant/Opp. Party No.2.
Let a copy of this order be communicated to the trial court as well as learned DLSA, Jamshedpur as well as Secretary, DLSA, Jamshedpur, at once.
(Anant Bijay Singh, J.) Sandeep/