Jharkhand High Court
Amit Kumar Singh vs The State Of Jharkhand on 3 August, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3150 of 2016
Amit Kumar Singh ..... Petitioner
Versus
The State of Jharkhand & Anr. . ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Sanjay Kumar, Advocate.
For the State : A.P.P.
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Order No. 08 : Dated 3rd August, 2017
On 18.04.2017 both the parties were physically present before the Court after some persuasion the matter was referred before the Member Secretary-cum-Coordinator, JHALSA, Nyay Sadan, Doranda and further directed to pay the petitioner ad-interim maintenance @ RS. 4000/- per month from the month of September, 2016.
The report of Member Secretary-cum-Coordinator, JHALSA dated 26.07.2017 it appears that the disputes between the parties could not be settled. Hence, the matter is directed to be listed for today and matter will be heard on merits.
Today, when the case is called out both the parties are appeared before this Court along with their respective counsels.
It appears that the petitioner has deposited the ad- interim maintainance allowance from the month of September, 2016 till July, 2017. O.P. No. 2 has also received the amount as stated by the learned counsel for the O.P. No.
2. -2- Learned counsel for the petitioner is directed to handover the Adhar Card and Pan Card to the petitioner.
Further, the trial court is directed in association with Secretary, DLSA to issue the birth certificate by a competent authority and directed to submit a report before the next date fixed.
Heard learned counsel for the parties.
Learned APP and O.P. No. 2 opposed the prayer for bail. Considering the facts and circumstances of the case, the above named petitioner is directed to surrender in the Court below on or before sixth September, 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 learned Judicial Magistrate, 1st Class, Bokaro in connection with Mahila P.S. Case No. 13/2016 corresponding to G.R. No. 660/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that :
➔ he will deposit Rs. 4000/- per month as an ad-interim maintainance for the month of August, 2017 and September, 2017 total Rs. 8000/-
➔ O.P. No. 2 is directed to file an application before the trial court and the trial court after proper verification will release the amount in favour of the O.P. No. 2. -3- ➔ O.P. No. 2 is directed to furnish a bank account number and thereafter the petitioner will remit the amount of Rs. 4000/- per month as an ad-interim maintainance latest by 25th day of every month of English calender till the disposal of this case ➔ if petitioner defaults to pay the ad-interim maintenance for two successive months, then it is open for the opposite party no. 2 to file an application for cancellation of bail of the petitioner. ➔ This interim maintenance shall be subject to any appropriate order passed by any competent court of jurisdiction regarding maintenance.
Let a copy of the order be sent to the court below.
(Anant Bijay Singh, J.) MM