Allowed

Mritunjay Kumar v. the State of Jharkhand

Jharkhand HC12 Oct 2018A.B.A./2216/2018

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a C.P. case involving Sections 498A and 34 IPC. The petitioner was directed to surrender for bail, make interim maintenance payment, and proceed with maintenance of mutual consent divorce dissolution to withdraw criminal proceedings.

What did the court decide?

Granted anticipatory bail on surrender subject to deposit of Rs. 45,000 as interim maintenance; directed parties to file for dissolution of marriage (13B) and withdrawal of criminal proceedings.

Mritunjay Kumar Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2216 of 2018

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Mritunjay Kumar …… Petitioner

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Versus

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The State of Jharkh	and & -----	Anr …… Opposite Party
CORAM: HON'BL	E MR. -----	JUSTICE ANANT BIJAY SINGH
For the Petitioner		: Mr. Rakesh Kumar, Advocate
For the State		: A.P.P
For the O.P.No.2	-----	: Mrs. Vandana Singh, Advocate

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04/Dated: 12/10/2018

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The petitioner is apprehending his arrest in connection with C.P.Case No. 339/2017, the case registered under Sections 498A, 323/34 of the Indian Penal Code.

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Pursuant to order dated 27.07.2018, both the parties are physically present before this court alongwith their counsel and the possibility of reconciliation between them through the process of mediation is explored.

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It appears that under order dated 27.07.2018 the matter was referred to Member Secretary, JHALSA, Ranchi for mediation between them.

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Perused the report of the Mediators, namely, P.N.Singh and Dr. Rashmi dated 11.09.2018, which reveals that the parties have settled their dispute amicably and also drawn the terms of the agreement and the parties have ascertained their signature put on the agreement.

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Accordingly, to the agreement, petitioner has agreed to pay Rs. 17 lacs to O.P.No.2 in three installments as full and final settlement amount.

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According to the agreement, today petitioner has brought a draft of Rs. 6 lacs issued in the name of O.P.No.2 to which O.P.No.2 received after verifying her name in the draft. Office is directed to keep the xerox copy of draft with the file.

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It further appears that according to the agreement, parties will appear before the Principal Judge, Family Court, Bokaro on 26.11.2018 and shall file joint application under section 13B of the Hindu Marriage Act for dissolution of marriage.

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The Principal Judge, Family Court, Bokaro is directed to ensure that there should not be any unnecessary delay in stamp reporting regarding the joint application to be filed by the parties.

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On that date, i.e. on the date of first motion/admission of the said application, petitioner shall give a bank draft of Rs. 6 lacs to O.P.No.2 issued in her favour.

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The remaining mount of Rs. 5 lacs will be paid by the petitioner to O.P.No.2 in the shape of bank draft on the date of final order that will be passed on the 13B application.

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Further, after admission of 13B application, parties shall file Cr.M.P. before this court annexing the xerox copy of the agreement arrived between the parties for withdrawal of entire criminal proceeding in C.P.Case n.339/2017. This order shall form part of the agreement.

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Be that as it may, the above named petitioner is directed to surrender in the Court below on or before 25.10.2018 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. 25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of SDJM, Bokaro, in connection with C.P.Case No. 339/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., and subject to the further condition that on the date of surrender, petitioner shall also deposit Rs. 45,000/- as ad interim maintenance for the month of June to August, 2018, in terms of order dated 27.07.2018.

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Thereafter, O.P.No.2 shall appear before this court below and shall file application for withdrawal of the said amount and the court below after proper verification shall release the amount in her favour.

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Let a copy of this order alongwith the original copy of the agreement be communicated to the trial court to be kept on record after keeping xerox copy of the same with this file.

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Let a copy of this order alongwith the xerox copy of the agreement be also communicated to Principal Judge, Family Court, Bokaro.

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( Anant Bijay Singh, J.)

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Raman/

Mritunjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mritunjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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