Jharkhand High Court
Bhagirath Mandal vs The State Of Jharkhand on 12 July, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 260 of 2018
Bhagirath Mandal ...... Petitioner
Versus
1.The State of Jharkhand
2. Adarmani Devi ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Binit Chandra, Advocate
For the State : A.P.P
For the O.P. No.2 : Mr. Biswasi Gari, Advocate
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06/Dated: 12/07/2018
Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No.2.
The petitioner is apprehending his arrest in connection with the case registered under Sections 323, 341, 498A, 494 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
On 10.04.2018, both the parties along with their counsel are physically present and explored the possibility of reconciliation and petitioner was directed to pay Rs. 3,000/- per month to the O.P. No.2 by way of ad-interim maintenance from the month of March, 2018 and he will deposit the arrears of March and April, 2018 latest by 02.05.2018.
Today, when the case is called out, learned counsel for the petitioner has submitted that petitioner has complied the direction of this Court.
Learned counsel for the O.P. No.2 has accepted the fact and submitted that O.P. No.2 has withdrawn the ad-interim maintenance.
In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below on or before 31.07.2018 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 Sub-Divisional Judicial Magistrate, Madhupur in connection with Sarath P.S. Case No. 70 of 2017 corresponding to G.R. No. 413 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to the further condition that the petitioner is directed to regularly pay the current ad interim maintenance @ RS. 3,000/- per month to the O.P. No.2.
Further, petitioner is directed to deposit the ad-interim maintenance of the month of July, 2018- on the date of surrender.
Further, after deposition of the amount, the trial Court shall issue notice to the O.P. No.2- Adarmani Devi and on her appearance and after verification, the trial Court shall release the aforesaid amount to the O.P. No.2 and O.P. No.2 is also directed to furnish the bank account number to the trial Court and if she does not have any bank account, the trial Court will ensure that the account of O.P. No.2 be opened in any nationalized bank under the Prime Minster's Jan Dhan Yojna with the support of D.L.S.A., Deoghar and trial court shall ensure that the ad-interim maintenance amount must be deposited in the account of the O.P. No.2 from the month of August, 2018 onwards.
Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 3,000/- per month from the month of August, 2018 latest to be deposited by 25th day of the English calender in the account of O.P. No.2.
The aforesaid ad-interim maintenance will be paid till disposal of the case.
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.
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.
(Anant Bijay Singh, J.) Satayendra/