Jharkhand High Court
Ashutosh Kumar Jha vs The State Of Jharkhand And Anr on 29 November, 2016
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No.2468 of 2016
Asuthosh Kumar Jha @ Ashutosh Jha ...... Petitioner
Versus
1.The State of Jharkhand
2. Surya Jha ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Niranjan Kr. Sinha, Advocate For the State :A.P.P. For O.P. No. 2 : Mr. Sanjay Kumar, Advocate
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04/Dated: 29/11/2016 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the opposite party no. 2.
The petitioner is apprehending his arrest in connection with Jasidih P.S. Case No. 346 of 2015, corresponding to G.R. No. 2312 of 2015 registered under Sections 498A, 341, 323, 379,34 of the Indian Penal Code and under section 3/4 D.P. Act.
Pursuant to order dated 20.09.2016, the matter was referred to Secretary, Jharkhand State Legal Services Authority, Ranchi for mediation.
From perusal of mediation report dated 18.11.2016, it appears that mediation between the parties has failed, so the matter is being heard on merit.
Further, it appears that vide order dated 20.09.2016, the petitioner was directed to pay ad interim maintenance to the opposite party no. 2 at the rate of Rs. 3,000/- per month from the month of July, 2016.
Today, petitioner and opposite party no. 2 are physically present. On query made by this court, petitioner has submitted that he is working as Assistant in the High School, Chakai and his monthly income is about 23,000/-. Counsel for the opposite party no. 2 has submitted that opposite party no.2 has one child who is presently living with her.
In view of the aforesaid, order dated 29.09.2016 is modified to the extent that the petitioner shall pay Rs. 7,000/- per month to the opposite party no. 2 (five thousand for O.P. No. 2 and two thousand for her child) from the month of July, 2016 till disposal of the case Learned counsel for the petitioner has submitted that the petitioner is paying Rs. 3,000/- from the July, 2016 to the opposite party no. 2 as interim maintenance.
(a) The petitioner is directed to deposit the arrears due from the month of July, 2016 (as per enhanced amount as ordered today) to December, 2016 as interim maintenance to the opposite party no. 2 before the Trial Court latest by 16th December, 2016.
(b) Further the informant is directed to appear through learned counsel and file application before the Trial Court and the Trial Court after proper verification release the said amount in her favour.
(c) If the informant, so advised, shall submit her Bank Account Number so that after proper verification, the Court below may order to deposit the interim maintenance amount directly. If the informant submits her bank account, the court below shall ensure that the interim maintenance of amount from the Month of January,2017 will be deposited by the petitioner in the said account directly on or before 15th day of every month.
(d) If the petitioner fails to deposit the aforesaid amount for two consecutive months, the informant is at liberty to file application for cancellation of bail of the petitioner before this Court through learned counsel.
(e) Deposition of amount as interim maintenance is subject to result of any order of interim compensation passed by competent court of jurisdiction.
In view of above, the petitioner is directed to surrender in the Court below within three weeks from the date of this order 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 Sri A.K. Singh, learned J.M., Deoghar, in connection with Jasidih P.S. Case No. 346 of 2015, corresponding to G.R. No. 2312 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let a copy of this order be communicated through 'FAX' to the concerned Court and a copy of this order be handed over to the learned counsel for the opposite party no. 2.
(Anant Bijay Singh, J.) Satyarthi/-