Jharkhand High Court
Anwar Hussain vs The State Of Jharkhand And Anr on 10 October, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 932 of 2017
Anwar Hussain ...... Petitioner
Versus
1.The State of Jharkhand
2.Shama Praveen ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. S. K. Deo, Advocate
For the State :A.P.P.
For O.P. No. 2 :Mr. Shravan Kumar, Advocate
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04/Dated: 10/10/2017
The petitioner is apprehending his arrest in connection with Jugsalai
P.S. Case No. 145 of 2016, corresponding to G.R. No. 3782 of 2016 for the
offence under section 498A of the I.P.C and under section 3/4D.P. Act.
It appears that under order dated 24.07.2017, the petitioner was
directed to pay Rs. 7,000/- per month to O.P. NO. 2 as ad interim
maintenance from the month of July, 2017 and the arrear amount for the
month of July, 2017 to August, 2017 (total Rs. 14,000/-) was directed to be
deposited by the petitioner before the trial court latest by 21.08.2017.
Thereafter O.P. No. 2 was directed to appear before the trial court
and file application and on her appearance and on proper verification the
court below was directed to release the aforesaid amount in favour of O.P.
No. 2. The O.P. No. 2 was directed to furnish her bank account number in
the court below and further court below was directed to ensure that ad
interim maintenance amount of Rs. 7,000/- per month from the month of
September, 2017 must be deposited in the bank account of the O.P. No. 2
latest by 20th day of every month of English Calendar.
Today, learned counsel for the petitioner has submitted that the
petitioner has deposited Rs, 14,000/- for the month of July & August, 2017
before the trial court and further deposited Rs. 7,000/- for the month of
September before the trial court.
It appears that as under order dated 24.07.2017 this court has given
strict direction to the court below that Rs. 7,000/- per month from the
month of September, 2017 must be deposited by the petitioner in the bank
account of the O.P. No. 2 latest by 20th day of every month of English
Calendar as to why Rs. 7,000/- has been deposited in the court below for
the month of September.
Office is directed to call for explanation as to why despite of strict
direction vide order dated 24.07.2017, the court below allowed the
petitioner to deposit Rs. 7,000/- as interim maintenance for the month of
September, 2017 in the court below.
The reply of explanation must be submitted to this court within eight
weeks.
Further, under order dated 24.07.2017, the trial court in association
with Secretary, D.L.S.A in guidance of Principal District Judge-cum-
Chairman, D.L.S.A, Jamshedpur was directed to formulate scheme for
rehabilitation to the O.P. No. 2 and submit report.
The required report dated 22.09.2017 submitted by Sri Vishal
Gaurav, learned S.D.J.M, Jamshedpur, East Singhbum has been received in
which it has been mentioned that as per the efforts taken by D.L.S.A,
Jamshedpur Rs, 2,00,000/- has been given to Shama Parween(O.P. No. 2)
from the fund of Chief Minister Discretionary Grant for her treatment.
Further the victim compensation amount of Rs. 50,000/- has been given to
Shama Parween and in order to rehabilitate the victim-O.P. No. 2 her
admission in B.Ed course was assured by the Karim City College,
Jamshedpur in the next sessions and her educational expenses will be
sponsored by the said college authority.
In view of the matter no further order for rehabilitation to the O.P.
NO. 2 is required to be passed.
In the facts and circumstances of the case, I am inclined to admit the
petitioner anticipatory bail on the following conditions;
(a) The petitioner will continue to pay Rs. 7,000/- per month as
interim maintenance to the O.P. NO. 2 in terms of order dated 24.07.2017
till the disposal of the case.
(b) The petitioner is directed to deposit the arrears as interim
maintenance before the Trial Court from October, 2017 to November,
2017 (total Rs. 14,000/-) in the bank account of the O.P. No. 2 latest by
07.11.2017.
(c) The petitioner is directed to deposit the said amount on or before 20th day of every month in the bank account of O.P. No. 2.
(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 would be subject to result of any order passed by the competent court of jurisdiction.
(f) It is expected that both the parties shall co-operate in the case for its expeditious disposal.
In view of above, the petitioner is directed to surrender in the Court below latest by 13.11.2017 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 the Court of Shri Vishal Gourav, J.M, Ist Class, Jamshedpur, in connection with Jugsalai P.S. Case No. 145 of 2016, corresponding to G.R. No. 3782 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The petitioner is directed to furnish receipt of the deposition of amount in the bank account of the O.P. NO. 2 for the month of October, 2017 & November, 2017 on the date of his surrender, thereafter his bail bond was accepted.
Let a copy of this order be communicated through 'FAX' to the concerned Court.
(Anant Bijay Singh, J.) Satyarthi/