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[Cites 9, Cited by 0]

Jharkhand High Court

Sanjeet Kumar vs The State Of Jharkhand on 6 March, 2017

Author: Anant Bijay Singh

Bench: Anant Bijay Singh

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             A.B.A. No. 2971 of 2016

Sanjeet Kumar                                               ...... Petitioner
                      Versus
1.The State of Jharkhand
2. Smt. Suprabha Kumari                    ...... Opposite Parties
                     ---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
                     ---------
For the Petitioner          :  Mr. P.P.N. Roy, Sr. Advocate
                               Mr. Pragati Prasad, Advocate
For the State               :  A.P.P.
For the O.P. No.2           :  Mr. Sumeet Gadodia, Advocate
                     ---------
07/Dated: 06/03/2017
     Heard learned counsel for the petitioner and learned counsel for the
State.
     The petitioner is apprehending his arrest in connection with the
case registered under Sections 323, 347, 307, 498A, 420, 406, 504/34 of
the Indian Penal Code.
     Pursuant to the order dated 17.01.2017, learned counsel for the
petitioner was directed to take instruction as to whether petitioner is
ready to pay Rs. 7,000/- per month to the O.P. No.2.
     Today when the case is called out learned counsel for the petitioner
has submitted that petitioner is ready to pay Rs. 7,000/- per month 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
11.04.2017

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 Judicial Magistrate, 1 st Class, Jamshedpur in connection with Birsa Nagar P.S. Case No. 61 of 2016 corresponding to G.R. No. 1203 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and and other condition:-

(1.) Petitioner is directed to pay Rs. 7000/- per month to the O.P. No.2 from November, 2016.
(2.) Further, arrears of five months from November, 2016 to March, 2017 total Rs. 35,000/- will be deposited latest by 11.04.2017 before the trial Court.
(3.) Further, after deposition of the amount, the trial Court shall issue notice to the O.P. No.2- Smt. Suprabha Kumari 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 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 April, 2017 onwards (4.) Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 7,000/- per month from the month April latest to be deposited by 25th day of the English calender in the account of O.P. No.2.
(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. (6.) The aforesaid ad-interim maintenance will be paid till disposal of the case.
(7.) 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/