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Mantosh Kumar Singh v. The State Of Jharkhand And Anr.

Jharkhand HC16 Jul 2018A.B.A./13/2018

Case brief

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What is this about?

High Court granted anticipatory bail to the petitioner in a Dowry Prohibition and IPC case, conditional on surrender, payment of bail bond, furnishing interim maintenance to the spouse, and monthly transfers post-surrender.

What did the court decide?

Granted anticipatory bail subject to surrender on or before 31.07.2018, bail bond of Rs. 15,000 with two sureties, payment of Rs. 12,000 interim maintenance, and monthly transfers thereafter.

Mantosh Kumar Singh Vs The State Of Jharkhand And… — Maintenance and Alimony | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 13 of 2018

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Mantosh Kumar Singh ….. Petitioner

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Versus

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The State of Jharkhand 2. Abha Kumari ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Vishal Kr. Singh, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. Jawed Sultan, Advocate.

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07/Dated: 16/07/2018

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Petitioner is apprehending his arrest in connection with C.P. Case No. 649 of 2016, registered under Section 498A of the I.P.C. and Section 3 / 4 of Dowry Prohibition Act.

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It appears that on 16.03.2018, with the consent of the parties the matter was referred to Member Secretary, JHALSA, Ranchi.

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Perused the report dated 16.05.2018 submitted by Mahua Palit and Suman Kumar Shrivastava, Mediators, JHALSA, Ranchi, which reveals that the possibility of reconciliation of the dispute through the process of mediation between the parties has failed.

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On 25.06.2018, learned counsel for the parties were directed to file salary slip of the petitioner.

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Pursuant thereto, opposite party no. 2 has filed the salary slip of the petitioner for the month of February, 2018. From perusal of salary slip of petitioner, it reveals that the gross salary of petitioner is Rs. 31,000/- per month.

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Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below on or before 31.07.2018 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. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of J.M., 1^st Class, Bokaro, in connection with C.P. Case No. 649 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions:

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(i) Petitioner is directed to pay ad interim maintenance @ Rs. 6,000/- per month from June, 2018 to the opposite party

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-2-

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no. 2 and to pay the ad interim maintenance of June & July, 2018 i.e. of two months, total Rs. 12,000/- in the court below before surrender. Thereafter, bail bonds of petitioner shall be accepted by the court below.

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(ii) Further, after deposition of the aforesaid amount, the opposite party no. 2 is directed to appear in the court below and to file an application for withdrawal of aforesaid amount and the court below is directed to release the aforesaid amount after proper verification in favour of the opposite party no. 2.

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(iii) Further, on appearance, opposite party no. 2 is directed to furnish her bank account before the court below and the court below is directed to ensure that petitioner shall transmit the ad interim maintenance from August, 2018 directly in the account of opposite party no. 2 latest by 25^th day of every month till the disposal of the case.

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(iv) If petitioner defaults to transmit the ad-interim maintenance for two successive months in the bank account of opposite party no. 2, then it is open for the opposite party no. 2 to file an application for cancellation of bail of the petitioner.

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(v) The ad interim maintenance allowed by this order shall be subject to any appropriate order passed by any competent court of jurisdiction regarding maintenance.

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

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(Anant Bijay Singh, J.)

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Sunil/

Mantosh Kumar Singh v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Mantosh Kumar Singh v. The State Of Jharkhand And Anr.

Case brief

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What did the court decide?

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