Jharkhand High Court
Hazrat Ansari vs The State Of Jharkhand on 21 March, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3622 of 2016
Hazrat Ansari ...... Petitioner
Versus
1.The State of Jharkhand
2. Israt Praween ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Nandan Prasad, Advocate
Mr. Nilesh Kumar, Advocate
For the State : A.P.P.
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04/Dated: 21/03/2017
Heard learned counsel for the petitioner and learned counsel for the
State.
The petitioner is apprehending his arrest in connection with the
case registered under Sections 323/341/379/498(A) of the Indian Penal
Code and Section 3 / 4 of the Dowry Prohibition Act.
Pursuant to the order dated 06.02.2017 both the parties have
appeared and reconciliation through process of mediation was explored,
it appeared that stand of the parties are variance. It further appears that
O.P. No.2 informed this court that prior to this marriage she had informed
the petitioner that she is a divorcee lady and she has two children. She
further informed that petitioner has not informed her that he is a married
man and he has one child also.
Learned counsel for the petitioner has submitted that petitioner's
first wife has three children and one son namely, Mahtab Alam is
suffering from lungs cancer and was receiving treatment in Abdul
Razaque Hospital, Ranchi and thereafter referred to Hyderbad.
In the fact and circumstances of the case, the above named
petitioner is directed to surrender in the Court below within on or before
26.04.2017and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Latehar in connection with Mahuadanr P.S. Case No. 09 of 2016 corresponding to G.R. No. 167 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Petitioner is directed to pay Rs. 1,500/- per month to the O.P. No.2 from the month of January, 2017.
(1.) Further, arrears of four months from January, 2017 to April, 2017 total Rs. 6,000/- will be deposited latest by 26.04.2017 before the trial Court.
(2.) Further, after deposition of the amount, the trial Court shall issue notice to the O.P. No.2- Israt Praween and after verification, the trial Court shall release the aforesaid amount to the O.P. No.2. (3.) Further, the petitioner is directed to pay the current ad-interim maintenance @ RS. 1,500/- per month from the month April latest to be deposited by 25th day of the English calender in the trial Court. (4.) Further, if the petitioner defaults in making payment for two successive months, it shall be open to the informant to file an application for cancellation of bail of the petitioner. (5.) The aforesaid ad-interim maintenance will be paid till disposal of the case.
(6.) This order of ad-interim maintenance granted to the O.P. No.2 is subject to the result of the order passed by competent jurisdiction. Let a copy of the order be sent to the court below and also sent Principal Judicial Commissioner, Ranchi.
Further petitioner along with his son, namely, Mahtab Alam who is suffering from lungs cancer will appear before the Chairman-Cum- Principal Judicial Commissioner, D.L.S.A, Ranchi on 15.05.2017 at 11:30 A.M. and Secretary D.L.S.A. will obtain the application from the petitioner and his son who is resident of Village-Mahakhorha, P.O and P.S. Burmu, District-Ranchi and forward the same to the Chief Minister Secretary, so that some benefit under the welfare of health scheme maintained by the State fund will be released after proper verification for treatment of cancer for the son of the petitioner, namely, Mahtab Alam.
(Anant Bijay Singh, J.) Satayendra/