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Deven Pareya v. the State of Jharkhand

Jharkhand HC14 Aug 2018A.B.A./1786/2018

Case brief

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What is this about?

This order grants anticipatory bail to an Army officer accused of offences under sections 498A and 494 IPC. The Court imposed stringent conditions for interim maintenance payment to the wife and directed surrender within a stipulated period to avail bail upon such surrender.

What did the court decide?

Anticipatory bail granted subject to conditions including monthly maintenance payment, arrear deposit, surrender by 10.09.2018, and furnishing of ₹15,000 bond with two sureties.

Deven Pareya Vs the State of Jharkhand — Matrimonial and Divorce | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 1786 of 2018

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Deven Pareya …… Petitioner Versus 1.The State of Jharkhand 2. Randai Dorai …… Opposite Parties ---------

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Anjani Kumar, Advocate For the State :A.P.P.

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---------

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06/Dated: 14/08/2018

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It appears that despite valid service of notice, O.P. No. 2 has failed to appear.

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The petitioner is apprehending his arrest in connection with Muffasil (Pandrasali) P.S. Case No. 57 of 2017, corresponding to G.R. No. 291 of 2017 for the offence under sections 498A, 494 of the Indian Penal Code.

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Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. Further, it has been submitted that all the allegations against the petitioner is general and omnibus in nature and allegations are absolutely vague.

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Learned A.P.P opposed the prayer for anticipatory bail.

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It appears that petitioner is husband of O.P. No. 2 and he is working as Army, in these circumstances, I am inclined to admit the petitioner anticipatory bail on the following conditions;

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(a) Petitioner is directed to pay Rs. 6,000/- per month as interim maintenance to the O.P. No. 2 till the disposal of the case.

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(b) The petitioner is directed to deposit the arrear amount of Rs. 18,000/for the month of July, 2018 to September, 2018 before the court below latest by 10.09.2018.

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(c)Thereafter the trial court is directed to issue notice to the O.P. No. 2 and after her appearance the aforesaid amount would be released in favour of O.P. No. 2 after making proper verification.

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(d)The trial court is directed to the verify that O.P. No. 2 has bank account or not, if she has no bank account, the trial court is directed to get the bank account be opened in any nationalized bank under Pradhanmantri Jandhan Yojna, thereafter, it will the duty of the trial court that from the month of October, 2018,

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the aforesaid amount would be directly deposited by the petitioner in the bank account of O.P. No. 2.

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(e) The petitioner is directed to deposit the said amount on or before 25th day of every month.

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(f) 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.

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(g) Deposition of amount as interim maintenance would be subject to result of any order passed by the competent court of jurisdiction.

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(h) It is expected that both the parties shall co-operate in the case for its expeditious disposal.

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In view of above, the petitioner is directed to surrender in the Court below latest by 10.09.2018 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 the court of learned A.C.J.M, Chaibasa, in connection with Muffasil (Pandrasali) P.S. Case No. 57 of 2017, corresponding to G.R. No. 291 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let a copy of this order be communicated through 'FAX' to the concerned Court..

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(Anant Bijay Singh, J.)

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Satyarthi/-

Deven Pareya v. the State of Jharkhand

Case brief

What is this about?

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Deven Pareya v. the State of Jharkhand

Case brief

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