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Vikash Sharma v. the State of Jharkhand

Jharkhand HC23 Oct 2018A.B.A./2013/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a Section 498A case where mediation failed. The court directed surrender within five weeks and imposed the condition of transmitting monthly interim maintenance to the opposite party, allowing cancellation if defaulted.

What did the court decide?

Anticipatory bail granted with conditions to surrender within five weeks and transmit monthly interim maintenance of Rs. 4,000 to the opposite party.

Vikash Sharma 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. 2013 of 2018

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Vikash Sharma ….. Petitioner Versus 1. The State of Jharkhand 2. Deepika Sharma ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Afaque Rashidi, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. Prabir Kumar Chatterjee, Advocate.

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--------- 04/Dated: 23/10/2018

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Petitioner is apprehending his arrest in connection with C.P. Case No. 1066 of 2017, registered under Section 498A of the I.P.C.

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It appears that the matter was listed on 19.07.2018 and both the parties were physically present and possibility of reconciliation of the dispute through the process of mediation was explored, but in order to test the bonafide of the petitioner, petitioner was directed to pay Rs. 4,000/- per month to the opposite party no. 2 from the month of June, 2018 and petitioner was further directed to deposit the arrears of June, July and August, 2018 i.e. total Rs. 12,000/- before the court below latest by 13.08.2018.

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Petitioner, who is physically present, has stated that he has already deposited the aforesaid amount and further stated that he has also transmitted the ad interim maintenance of September and October, 2018 in the bank account of opposite party no. 2.

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Further, opposite party no. 2 appeared and stated that she has received the aforesaid amount and also furnished her bank account before the court below.

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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 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. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Dhanbad, in connection with C.P. Case No. 1066 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to the further condition that:

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Petitioner is directed to continue to transmit the ad interim maintenance to the opposite party no. 2 @ Rs. 4,000/from November, 2018 directly in the account of opposite party no. 2 latest by 20^th day of every month till the disposal of the case.

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If petitioner defaults to transmit the ad-interim maintenance for two successive months to the 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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This ad interim maintenance 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 and also to the Principal Judge, Family Court, Dhanbad.

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(Anant Bijay Singh, J.)

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Sunil/

Vikash Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Vikash Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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