Smith Toppo vs The State Of Jharkhand And Anr on 31 July, 2017

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Jharkhand High Court

Smith Toppo vs The State Of Jharkhand And Anr on 31 July, 2017

Bench: Anant Bijay Singh

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             A.B.A. No. 1144 of 2017

Smith Toppo                                     ...... Petitioner
                      Versus
1.The State of Jharkhand
2. Sren Daisy                         ...... Opposite Parties
                     ---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
                     ---------
For the Petitioner          :  Mr. Bijay Kr. Sinha, Advocate
For the State               :  A.P.P.
                     ---------

03/Dated: 31/07/2017
        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 498(A), 494, 341, 323, 504, 506, 427, 353,
347, 379/34 of the Indian Penal Code and Section 3 / 4 of the Dowry
Prohibition Act.
        In terms of the order dated 01.03.2017, both the parties along with
their relatives and learned counsels are present to explore the possibility
of reconciliation between the parties through process of mediation, it
appears that petitioner has married with the O.P. No.2 under the Special
Marriage Act in Orissa Court.
        Learned counsel for the petitioner has submitted that petitioner was
aged about 14 years had studying in 8 th Class in St. Alouise School, Purulia
Road, Ranchi then informant had been working in St. Alouise School in Class
9th Teacher of Class-VIII and was teaching lesson of subject of Geography to
the student. It is also submitted that the informant was aged about 35 years
and married woman and two children out of wedlock with her husband.
        On query made by this Court about the profession of the petitioner,
petitioner has submitted that he is dependent on his father, who is running
small Kirana shop in Purani Ranchi. Father of the petitioner is also present
and submitted that he has three daughters and his monthly income about
10,000/- to 12,000/- and he is maintaining three daughters and one son and
wife.
        In the fact and circumstances of the case, the above named
petitioner is directed to surrender in the Court below on or before
28.08.2017

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 Chief Judicial Magistrate, Lohardagga in connection with Lohardagga (Mahila) P.S. Case No. 15 of 2016 corresponding to G.R. No. 242 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, subject to the other condition that Petitioner is directed to pay Rs. 1,500/- per month to the O.P. No.2 by way of ad-interim maintenance.

(1) Further, petitioner is directed to deposit the arrears of ad-interim maintenance of the month of July, 2017 to August, 2017 total two months i.e. Rs. 3,000/- before the trial Court on the date of surrender. (2) Further, after deposition of the amount, the trial Court shall issue notice to the O.P. No.2- Seren Daisy and on her appearance 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 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., Lohardaga 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 September, 2017 onwards.

(3) Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 1,500/- per month from the month of September, 2017 latest to be deposited by 25 th day of the English calender in the account of O.P. No.2.

(4) The aforesaid ad-interim maintenance will be paid till disposal of the case.

(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.

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.

Further, O.P. No.2 has disclosed that presently she is unemployed and shown her inclination for rehabilitation.

Under the circumstances, O.P. No.2 is directed to appear before the trial Court along with the order and trial Court with an association of Secretary, D.L.S.A, Ranchi and Principal Judicial Commissioner-Cum- Chairmam, D.L.S.A, Ranchi will formulate the scheme for rehabilitation of O.P. No.2 extended any of the nine schemes run by NALSA and JHALSA and submit a report for rehabilitation scheme for the O.P. No.2 within 12 weeks.

Let a copy of the order be sent to the court below and also sent to the Secretary, D.L.S.A, Ranchi.

List this case after 12 weeks.

(Anant Bijay Singh, J.) Satayendra/

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