Jharkhand High Court
Md Mozahid vs The State Of Jharkhand And Anr on 16 February, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3535 of 2016
Md. Mozahid ...... Petitioner
Versus
1.The State of Jharkhand
2. Shabnam Parween ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Md. Imtiaz Khan, Advocate
For the State : A.P.P.
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06/Dated: 16/02/2017
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, 379, 504, 307/34 of the Indian Penal Code and Section 3 / 4 of the D.P. Act.
Pursuant to the order dated 22.09.2016 on query made by this Court petitioner, who is working as mason (Rajmistry) and his monthly income is Rs. 7,000-8,000/- and counsel for the petitioner is directed to take instruction as to whether petitioner is ready to pay Rs. 5,000/- per month by way of ad-interim maintenance.
Today when the case is called out counsel for the petitioner has submitted that petitioner has other legal obligation, hence he could not pay the aforesaid amount and he is agreed to pay Rs. 3,000/- per month Learned A.P.P has opposed the prayer for anticipatory bail. In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within five 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 Chief Judicial Magistrate, Chatra in connection with Huntergang P.S. Case No. 49 of 2014 corresponding to G.R. No. 293 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C Petitioner is directed to pay Rs. 3,000/- from January, 2017.
(1.) Further, arrears of three months from January, 2017 to March, 2017 total Rs. 9,000/- will be deposited on the date of surrender before the trial Court.
(2.) Further, after deposition of the amount, the trial Court shall issue notice to the informant- Shabnam Parween and on her appearance and after verification, the trial Court shall release the aforesaid amount to the informant 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.Chatra 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. (3.) Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 3,000/- per month from the month April latest to be deposited by 20th day of the English calender before the trial Court.
(4.) 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. (5.) 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.
(Anant Bijay Singh, J.) Satayendra/