Dilip Sharma vs The State Of Jharkhand And Anr on 29 June, 2017

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Jharkhand High Court

Dilip Sharma vs The State Of Jharkhand And Anr on 29 June, 2017

Bench: Anant Bijay Singh

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             A.B.A. No. 4731 of 2016

Dilip Sharma                                    ...... Petitioner
                      Versus
1.The State of Jharkhand
2. Urmila Sharma                       ...... Opposite Parties
                     ---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
                     ---------
For the Petitioner          :   Mr. Shailesh, Advocate
For the State               :   A.P.P.
For the O.P. No.2           :   Mr. Mahesh Tewari, Advocate
                      ---------

05/Dated: 29/06/2017
        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 498A, 376, 511, 323 of the Indian Penal
Code and Section 3/4/7/8/9 of the POCSO Act.
        Under order dated 25.04.2017 both the parties were present and to
explore the possibility of reconciliation for the victim through process of
mediation but it was failed and on query made by this Court as to
whether petitioner is ready to pay Rs. 7,000/- to the O.P. No.2 by way of
ad-interim maintenance, petitioner has shown reluctant.
        Today, when the case is called out learned counsel for the petitioner
has submitted that petitioner is ready to pay the aforesaid amount and
brought a bank draft in the name of O.P. No.2 of Rs. 42,000/- for the
arrear of ad-interim maintenance amount of six month and also brought
cash of Rs. 7,000/- of ad-interim maintenance from the month of June,
2017.
        Let the bank draft of Rs. 42,000/- and cash Rs. 7,000/- be handed
over to the O.P. No.2.
        In the fact and circumstances of the case, the above named
petitioner is directed to surrender in the Court below latest by
01.08.2017

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 Additional Sessions Judge-I-Cum- Special Judge, Dhanbad in connection with Putki P.S. Case No. 65 of 2016 corresponding to G.R. No. 2218 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.and subject to the other condition that Petitioner is directed to pay Rs. 7,000/- per month. (1.) Further, petitioner is directed to deposit ad-interim maintenance of the month of July, 2017 i.e. Rs. 7,000/- before the trial Court on the date of surrender.

(2.) Further, after deposition of the amount, the trial Court shall issue notice to the O.P. No.2- Urmila Sharma 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., Dhanbad 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, 2017 onwards. (3.) Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 7000/- per month from the month August, 2017 latest to be deposited by 25th day of the English calender in the account of O.P. No.2.

(4.) The aforesaid ad-interim maintenance will be paid till disposal of the case.

(5.) 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.

Let a copy of the order be sent to the court below.

(Anant Bijay Singh, J.) Satayendra/

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