Jharkhand High Court
Vijay Yadav Alias Vijay Kumar Yadav vs The State Of Jharkhand And Anr on 7 November, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 2300 of 2017
Vijay Yadav @ Vijay Kumar yadav ...... Petitioner
Versus
1.The State of Jharkhand
2. Kiran Devi ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. A. K. Sahani Advocate
For the State :A.P.P.
For O.P. No. 2 : Mr. Santosh Kumar, Advocate
05/Dated: 07/11/2017
The petitioner is apprehending his arrest in connection with C.P.
Case No. 14 of 2015, for the offence under sections 323, 341, 498A of the
Indian Penal Code.
Pursuant to order dated 12.09.2017, enquiry report has been
submitted by the Joint Registrar (Judicial) in which it has been mentioned
that Smt. Reshma Xalxo, Sectiion Officer stated in her explanation that
order in A.B.A. No. 2300/2017 was received on 20.07.2017 in Cr. Dispatch
Sectiion and on the same day, it was sent to the dispatch table for onward
transmission vide memo no. 21860. She has further submitted that due to
inadvertence and heavy work load the same could not be sent for fax on
the same day but was sent to FAX Operator for its onward transmission to
the court concerned on 22.07.2017. Thereafter, the same was dispatched
through registered post on 02.08.2017 bearing no. CJ026627129N and
delivered to the concerned court below on 16.08.2017. According to Sri
Sanjay Kumar Mali working as Fax operator that he had received the said
order on 22.07.2017 (Saturday) at 5.00 p.m since 23.07.2017 being
Sunday was holiday as such it was communicated through FAX on
24.07.2017(Monday) at 12.22 P.M. (O.K Slip is kept at Flag D). Accordingly the aforesaid order dated 18.07.2017 was communicated through FAX on 24.07.2017 and dispatched vide memo no. 21860 dated 20.07.2017 through registered post on 02.08.2017.
In view of the matter submission made by the counsel for the petitioner under order dated 12.09.2017 that order dated 18.07.2017 was not communicated to the court concerned, is falsified.
The aforesaid report is accepted.
It appears that on under order dated the petitioner was directed to pay Rs. 2,500/- per month to the O.P. No. 2 as ad interim maintenance from the month of July, 2017.
Today, counsel for the petitioner has submitted that the petitioner has complied the aforesaid order and has deposited the aforesaid interim maintenance till the month of September, 2017.
In these circumstances, I am inclined to admit the petitioner anticipatory bail on the following conditions;
(a) In terms of order dated 18.07.2017, the petitioner will continue to pay Rs. 2,500/- to the O.P. No. 2 per month as interim maintenance till disposal of the case.
(b) The petitioner is directed to deposit the arrears as interim maintenance before the Trial Court from the month of October, 2017 to December, 2017 (total amount of 7,5,00/-) on the date of his surrender.
(c) Further the informant is directed to appear through learned counsel and file application before the Trial Court and the Trial Court after proper verification release the said amount in her favour.
(d) The petitioner is directed to deposit the said amount on or before 20th day of every month.
(e) If the petitioner fails to deposit the aforesaid amount for two consecutive months, the informant is at liberty to file application for cancellation of bail of the petitioner before this Court through learned counsel.
(f) Deposition of amount as interim maintenance would be subject to result of any order passed by the competent court of jurisdiction.
(g) It is expected that both the parties shall co-operate in the case for its expeditious disposal.
(h) If the informant shall submit her Bank Account Number and if the O.P. No. 2 has no bank account the Secretary, D.L.S.A, Bermo at Tenughat is directed to get the bank account of the O.P. No. 2 be opened in any nationalized bank thereafter it will the duty of the trial court that from the month of January, 2017, the aforesaid maintenance amount will directly go in the newly opened account number of O.P. No. 2.
In view of above, the petitioner is directed to surrender in the Court below latest by 11.12.2017 and 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 the court of Smt. Nirja Ashri, learned J.M, Ist Class, Bermo at Tenughat, in connection with C.P. Case No. 14 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let a copy of this order be communicated through 'FAX' to the concerned Court, Secretary, D.L.S.A, Bermo at Tenughat.
(Anant Bijay Singh, J.) Satyarthi/-