Achinta Lal Biruli vs The State Of Jharkhand And Anr on 31 July, 2017

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Jharkhand High Court

Achinta Lal Biruli 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. 835 of 2017

Achinta Lal Biruli @ Achinta Lal Biruly       ...... Petitioner
                      Versus
1.The State of Jharkhand
2. Sini Biruli                            ...... Opposite Party
                     ---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
                     ---------
For the Petitioner          :   Mr. Navneet Sahay, Advocate
For the State               :   A.P.P.
For the O.P. No.2           :   Mr. Anjan Kumar, Advocate
                      ---------
04/Dated: 31/07/2017
      Heard learned counsel for the petitioner and learned counsel for the
State as well as learned counsel for the O.P. No.2.
      The petitioner is apprehending his arrest in connection with the
case registered under Sections 323, 324, 498(A), 494/34 of the Indian
Penal Code read with Section 3 / 4 of the Dowry Prohibition Act.
      On 17.07.2017, both the parties were present and explored the
possibility of reconciliation between the parties but it had been failed.
      Today, when the case is called out learned counsel for the petitioner
has filed the salary slip of the petitioner. It appears that petitioner is
working as Tracer in Jila Prishad, West Singhbhum, Chaibasa and
monthly salary is of Rs. 18,924/-.
      Learned counsel for the O.P. No.2 has opposed the prayer for
anticipatory bail and submitted that O.P. No.2 has one unmarried
daughter and residing with her.
      In the fact and circumstances of the case, the above named
petitioner is directed to surrender in the Court below on or before
30.08.2017

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, Chaibasa in connection with Sadar P.S. Case No. 109 of 2016 corresponding to G.R. No. 568 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and subject to the other condition that Petitioner is directed to pay Rs. 6,000/- per month to the O.P. No.2 and her unmarried daughter.

(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. 12,000/- 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- Sini Biruli 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., Chaibasa 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. 6,000/- per month from the month September, 2017 latest to be deposited by 25th 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 complainant 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.

Let a copy of the order be sent to the court below.

(Anant Bijay Singh, J.) Satayendra/

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