Jharkhand High Court
Rajesh Paswan vs The State Of Jharkhand And Anr on 2 August, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3074 of 2016
Rajesh Paswan ..... Petitioner
Versus
The State of Jharkhand & Anr. ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Uday Kant Thakur, Advocate.
For the State : A.P.P.
For the O.P. No. 2 : Mr. Purnendu Kumar Jha, Advocate.
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10/Dated: 02/08/2017
Petitioner is apprehending his arrest in connection with
Godda (Mahila) P.S. Case No. 06 of 2016, corresponding to
G.R. No. 248 of 2016, registered under Sections 498A and
494 / 34 of the I.P.C. and Section 3 / 4 of the D.P. Act, lodged
on the basis of one written report given by Anjani Devi
alleging therein that she was married with Rajesh Paswan, 15
years ago and she went to her sasural and out of their
wedlock, they were blessed with one son and two daughters.
After some time, Rajesh Paswan started torturing for demand
of dowry. On the basis of these allegations, the instant case
was instituted.
Anticipatory bail application was filed on 03.08.2016
and on 07.09.2016, notices were issued to opposite party no.
2 and interim relief of no coercive steps was granted to the
petitioner.
Pursuant to issuance of notice, opposite party no. 2
appeared on 10.04.2017 and possibility of reconciliation
through the process of mediation was explored, but it failed
and petitioner was directed to pay Rs. 7,000/- per month from
April, 2017, by way of ad interim maintenance and the matter
was directed to be listed on 20.06.2017.
In between i.e. on 08.06.2017, I.A. No. 4514/2017 was
filed by the petitioner seeking extension of time for depositing
of the amount. I.A. No. 4514/2017 was allowed. Thereafter,
again the matter was listed on 20.06.2017. Case diary was
received. The office was directed to list this case on
18.07.2017.
Further, I.A. No. 5493 of 2017 was filed on behalf of the opposite party no. 2, which was listed on 11.07.2017. In the I.A., it has been stated that despite petitioner has deposited the amount, opposite party no. 2 appeared before the trial court and filed application for withdrawal, but learned CJM, -2- Godda did not release the aforesaid amount. So explanation was called for from the learned CJM, Godda as to why despite of categorical direction, he did not release the amount to the opposite party no. 2.
Perused the written explanation submitted by learned Rajesh Sinha, Chief Judicial Magistrate, Godda dated 28.07.2017, in which it has been only stated that pursuant to direction of this Court under order dated 10.04.2017, opposite party no. 2 again appeared on 18.07.2017, filed an application and the amount of Rs. 21,000/- with arrears after proper verification has been released in favour of the opposite party no. 2 and learned CJM has also expressed regret and has submitted as follows:-
"However, if the Hon'ble Court has faced any difficulty from my part, I have deep regret for that and I earnestly solicit forgiveness.
I, therefore, request your goodself to put this report before the Hon'ble High Court for needful.
For this act of kindness, I shall ever remain grateful to you"
From careful perusal of the written show cause submitted by learned CJM, Godda, it appears that the report is incomplete, as from perusal of order dated 11.07.2017, it reveals that it was categorically asked from the learned CJM that :-
(i) When the order dated 10.04.2017 passed in this case, whereby petitioner was directed to pay ad interim maintenance @ Rs. 7,000/- to opposite party no. 2 from April, 2017, is received in his office.
(ii) When the order dated 08.06.2017 passed in I.A. No. 4514 / 2017, whereby the period of deposition of the amount extended, is received in his office.
(iii) When the opposite party no. 2 - Anjana Devi has appeared through learned counsel before learned CJM, Godda and has filed application for release of the amount.
Report is silent of these points.
Let fresh supplementary report / written explanation be called for from the learned CJM, Godda.
Supplementary report / written explanation must be submitted to this Court within eight weeks.
-3-Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below on or before 30.08.2017 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 C.J.M., Godda, in connection with Godda (Mahila) P.S. Case No. 06 of 2016, corresponding to G.R. No. 248 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions:-
(i) Petitioner is directed to continue to pay ad interim maintenance to opposite party no. 2 Anjani Devi @ Rs. 7,000/-
per month from August, 2017 and shall pay the ad interim maintenance of August, 2017 of Rs. 7,000/- on the date of surrender.
(ii) Further, after deposition of the aforesaid amount, the opposite party no. 2 will appear and file an application for withdrawal of aforesaid amount and the court below after proper verification shall release the aforesaid amount in favour of the opposite party no. 2.
(iii) Further, opposite party no. 2 is directed to furnish her bank account number before the court below on the date of her appearance and further court below shall ensure that the ad interim maintenance @ Rs. 7,000/- per month from September, 2017 be transmitted directly in the account of opposite party no. 2 latest by 25th day of English Calender of every month till the disposal of this case.
(iv) 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.
(v) This ad interim maintenance shall be subject to any appropriate order passed by any competent court of jurisdiction regarding maintenance.
List this case after eight weeks under the heading "For Orders".
(Anant Bijay Singh, J.) Sunil/