Allowed

Abdul Qudus v. the State of Jharkhand

Jharkhand HC23 Oct 2018A.B.A./1903/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner, directing his surrender within five weeks and immediate deposit of ad interim maintenance to clear outstanding payments to the respondent woman before the relief is finalized.

What did the court decide?

Petitioner admitted on anticipatory bail to surrender within five weeks and deposit Rs. 10,500/- ad interim maintenance before Principal Judge, Family Court, Giridih.

Abdul Qudus Vs the State of Jharkhand — Maintenance and Alimony | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1903 of 2018

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Abdul Qudus ….. Petitioner Versus 1. The State of Jharkhand 2. Shabra Khatoon ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Ashraf Ansari, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mrs. Lina Shakti, Advocate.

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--------- 08/Dated: 23/10/2018

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It appears that on 31.07.2018, both the parties were present and it appears that opposite party no. 2 has filed Original Maintenance Case No. 92 of 2016 under Section 125 of the Cr.P.C. before the Principal Judge, Family Court, Giridih, which was allowed and petitioner was ordered to pay Rs. 2,500/- per month to the opposite party no. 2 and Rs. 1,000/- to her daughter per month from the month of April, 2016, but petitioner has not paid any single penny to the opposite party no. 2 and till August, 2018 comes around Rs. 98,000/- and petitioner was directed to deposit first installment of Rs. 50,000/- before the Principal Judge, Family Court, Giridih on or before 13.08.2018.

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Thereafter, opposite party no. 2 was directed to appear before the Principal Judge, Family Court, Giridih and Principal Judge, Family Court, Giridih was directed to release the aforesaid amount in her favour after proper verification and the matter was directed to be listed on 06.09.2018. On 06.09.2018, petitioner was directed to deposit the remaining amount by 05.10.2018 and the matter was directed to be listed today.

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Today, learned counsel for the parties and parties are present.

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Petitioner has produced the bank draft of remaining amount of Rs. 48,000/- drawn in the name of opposite party no. 2, which opposite party no. 2 accepts. Office is directed to release the aforesaid amount in favour of the opposite party no. 2 after proper verification.

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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 within five weeks from the

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-2-

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date of this order 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. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Giridih, in connection with Bagodar (Saria) P.S. Case No. 384 of 2015, corresponding to G.R. No. 3101 of 2015, 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) Before surrender, petitioner shall deposit the ad interim maintenance of September, October and November, 2018, total Rs. 10,500/- before the Principal Judge, Family Court, Giridih latest by 26.11.2018 and shall submit the receipt of the aforesaid deposition at the time of furnishing bail bonds.

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(ii) On deposition of the aforesaid amount, the opposite party no. 2 will appear before the court below and file an application for withdrawal of the aforesaid amount and the court below after proper verification shall release the aforesaid amount in favour of opposite party no. 2.

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Let a copy of order be communicated to the court below and also to the Principal Judge, Family Court, Giridih.

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(Anant Bijay Singh, J.)

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Sunil/

Abdul Qudus v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Abdul Qudus v. the State of Jharkhand

Case brief

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What did the court decide?

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