Jharkhand High Court
Rakesh Kumar And Anr vs The State Of Jharkhand And Anr on 22 August, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2105 of 2017
1. Rakesh Kumar
2. Nitish Kumar ..... Petitioners
Versus
The State of Jharkhand & Anr. ..... Opp. Parties
WITH
A.B.A. No. 2349 of 2017
Rajiv Kumar ..... 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 Petitioners : Mr. Gautam Kumar, Advocate.
For the State : A.P.P.
For the O.P. No. 2 : Mr. R.R.S. Singh, Advocate.
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05/Dated: 22/08/2017
Petitioners are apprehending their arrest in connection with C.P. Case No. 471 of 2016, registered under Sections 377, 498A, 354, 354C, 385 / 34 of the I.P.C. and Section 4 of Dowry Prohibition Act.
It appears that petitioner Rajiv Kumar (petitioner in A.B.A. No.2349 of 2017) has filed divorce case against the opposite party no. 2 on 16.12.2015 vide Divorce Petition No. 147 of 2015 before the Principal Judge, Family court, Jamui, in which opposite party no. 2 has filed transfer petition before the Hon'ble Supreme Court and the same was transferred to Civil Court, Dhanbad. Further, it appears that the opposite party no. 2 has filed maintenance case before the Principal Judge, Family Court, Dhanbad, which is pending.
Learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case and the instant case has been filed much after filing of Divorce Case filed by petitioner - Rajiv Kumar.
It appears that under order dated 10.07.2017, petitioner was directed to pay ad interim maintenance to the opposite party no. 2 from the month of June, 2016 @ Rs. 8,000/- and he was directed to pay Rs. 24,000/- the arrears for the month of June, 2017 to August, 2017.
Today, when the case is called out, learned counsel for the petitioners has submitted that petitioner - Rajiv Kumar has complied the order of this Court and has deposited the arrears of June, 2017 to August, 2017 in the court below and in support thereof he has produced the peremptory receipts.
-2-Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below on or before 18.09.2017 and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of J.M., Dhanbad, in connection with C.P. Case No. 471 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to the further condition:-
(i) Petitioner - Rajiv Kumar is directed to continue to pay ad interim maintenance to the opposite party no. 2 @ Rs. 8000/-
per month from September, 2017 and shall deposit the ad interim maintenance of September, 2017, total Rs. 8,000/- on the date of surrender in the court below.
(ii) Thereafter, opposite party no. 2 will appear in the court below and file an application for withdrawal of the aforesaid amount and the court below, after proper verification, shall release the aforesaid amount.
(iii) Further, opposite party no. 2 is directed to appear before the court below and the court below is directed to get the bank account of opposite party no. 2 be opened under Prime Minister Jan Dhan Yojna.
(iv) Further, it is the duty of the court below that the ad interim maintenance from October, 2017 @ Rs. 8,000/- per month be deposited latest by 25th day of every month till the disposal of this case in the court below and thereafter on 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.
(v) If petitioner - Rajiv Kumar 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.
(vi) This ad interim maintenance shall be subject to any appropriate order passed by any competent court of jurisdiction regarding maintenance.
(Anant Bijay Singh, J.) Sunil/