Allowed

Lakhan Mahtha Alias Lakhan Kumar Mahtha v. the State of Jharkhand

Jharkhand HC5 Sept 2018A.B.A./1800/2018

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to three petitioners in a criminal case involving IPC and DP Act offences, subject to surrender by September 26, 2018, and payment of ad-interim maintenance to the female respondent.

What did the court decide?

Anticipatory bail granted conditioned on surrender by 26.09.2018, bail bond, and monthly maintenance payment of Rs. 2500.

Lakhan Mahtha Alias Lakhan Kumar Mahtha Vs the… — Maintenance and Alimony | Jharkhand HC (2018)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 1800 of 2018

¶3

Lakhan Mahtha @ Lakhan Kumar Mahtha

¶4

Maniya Devi

¶5

Raju Mahtha @ Laxman Mahtha @ Raju Kumar Mahtha

¶6

….. Petitioners

¶7

Versus

¶8

The State of Jharkhand

¶9

Rani Devi

¶10

….. Opp. Party

¶11

--------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

¶12

--------- For the Petitioner : Mr. Pran Pranay Advocate. For the State : A.P.P. For the O.P.No.2 ; Mr. ..............., adv. ---------

¶13

04/Dated: 05/09/2018

¶14

Petitioner is apprehending his arrest in connection with the case registered under Sections 341, 323, 504, 506, 498A, 379/34 of the IPC and Section 3 /4 of D.P.Act.

¶15

Pursuant to order dated 29.06.2018, both the parties are in attendance.

¶16

On query, petitioner no.1 has submitted that the he is ready to pay ad-interim maintenance to the O.P.No.2 as directed by this Court.

¶17

In the facts and circumstances, I am inclined to admit the petitioners on anticipatory bail on certain conditions. The petitioners are directed to surrender in the court below latest by 26.09.2018 and in the event of their arrest or surrender, the court below shall release them on bail on their furnishing bail bond of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Deoghar, in connection with Mohanpur P.S. Case No.186 of 2017, corresponding to G.R.No.1158 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions are as follows:-

¶18

Petitioner no.1, Lakhan Mahtha @ Lakhan Kumar Mahtha is directed to pay Rs.2500/- per month as ad interim maintenance to O.P.No.2 from August, 2018 and shall deposit the arrears of maintenance amount for the month of August & September 2018, i.e. two months, totaling Rs.5,000/- latest by 26.09.2018 in the trial court.

¶19

After deposition of the said amount, the trial court is directed to issue notice upon complainant/O.P.No.2 and on her appearance and after proper verification, the trial court shall release the aforesaid amount in her favour and the trial court shall ascertain that O.P.No.2 has a bank account in her name

¶20

-2-

¶21

or not and if not, the trial court will ensure that the account of O.P.No.2 be opened in any nationalized bank under Prime Minister's Jan Dhan Yojna and the trial court shall ensure that the ad-interim maintenance amount must be deposited in the account of O.P.No.2 from October, 2018.

¶22

Further, the petitioner shall deposit the ad-interim maintenance amount @ Rs.2500/- per month in the account of O.P.No.2 from October, 2018 latest to be deposited by 25^th day of every month till the disposal of this case and if petitioner no.1 defaults to pay the ad-interim maintenance for two successive months, then it is open for the complainant/O.P.No.2 to file an application for canceling the anticipatory bail given to the petitioners by this Court.

¶23

This interim maintenance shall be subject to any appropriate orders passed by any competent court of jurisdiction regarding maintenance and will not prejudice the case of the petitioners.

¶24

(Anant Bijay Singh, J.)

¶25

Fahim/

Lakhan Mahtha Alias Lakhan Kumar Mahtha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Lakhan Mahtha Alias Lakhan Kumar Mahtha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Biswadip Ray Vs the State of Jharkhand

Sanjay Singh Alias Munan And Ors. Vs State of Jharkhand

Somra Karmali Vs State of Jharkhand

Sandhya Kumari Srivastava Vs State of Jharkhand And Ors.

MD Sajjad Khan Alias Arif Khan Vs the State of Jharkhand

Ajay Kumar Rai Vs The State Of Jharkhand And Anr.