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Amit Kumar Bera v. The State Of Jharkhand And Anr.

Jharkhand HC12 Jul 2018A.B.A./201/2018

Case brief

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What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case under Section 498A IPC, directing his surrender within four weeks. The Court fixed monthly maintenance of Rs. 2,000 and conditioned bail payment compliance.

What did the court decide?

Bail granted on surrender within four weeks with maintenance conditions and a deposit of Rs. 6,000 for past months.

Amit Kumar Bera Vs The State Of Jharkhand And Anr. — Matrimonial and Divorce | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 201 of 2018

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Amit Kumar Bera	Versus	…… Petitioner
1.The State of Jhark	hand
2. Smt. Sujata Bera	---------	…… Opposite Parties
CORAM: HON'BL	E MR. JUS ---------	TICE ANANT BIJAY SINGH
For the Petitioner	:	Mr. Nagmani Tiwari, Advocate
For the State	:	A.P.P
For the O.P. No.2	: ---------	Mr. Ram Naresh Singh, Advocate

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05/Dated: 12/07/2018

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Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No.2.

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The petitioner is apprehending his arrest in connection with the case registered under Sections 498A of the Indian Penal Code read with Section 3 / 4 of the Dowry Prohibition Act.

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Perused the report of Mediator dated 07.07.2018, which reveals that Mediation has been failed.

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Learned counsel for the petitioner has submitted that petitioner has complied the direction of this Court and regularly pay Rs. 2,000/- per month to the O.P. No.2.

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In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within four weeks from the 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. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Ghatshila in connection with Baharagora P.S. Case No. 61 of 2017 corresponding to G.R. No. 386 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to the further condition that the petitioner is directed to regularly pay the current ad interim maintenance @ RS. 2,000/per month to the O.P. No.2.

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Further, petitioner is directed to deposit the ad-interim maintenance of the month of May to July, 2018 (total Rs. 6,000/-) on the date of surrender.

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Further, after deposition of the amount, the trial Court shall issue notice to the O.P. No.2- Smt. Sujata Bera 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., Ghatshila and trial court shall ensure that the ad-interim

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maintenance amount must be deposited in the account of the O.P. No.2 from the month of August, 2018 onwards.

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Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 2,000/- per month from the month of August, 2018 latest to be deposited by 25^th day of the English calender in the account of O.P. No.2.

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The aforesaid ad-interim maintenance will be paid till disposal of the

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case.

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Further, if the petitioner defaults in making payment for two successive months, it shall be open to the informant to file an application for cancellation of bail of the petitioner.

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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.

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(Anant Bijay Singh, J.)

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Satayendra/

Amit Kumar Bera v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Amit Kumar Bera v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

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