Allowed

Mukesh Kumar Sharma v. The State Of Jharkhand And Anr.

Jharkhand HC9 Jul 2018A.B.A./25/2018

Case brief

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What is this about?

The Court admitted the petitioner on anticipatory bail in cases under Sections 498A IPC and Dowry Prohibition Act, conditional upon maintenance payment, surrender, and bail surrender in the lower court.

What did the court decide?

Anticipatory bail admitted subject to maintenance payment, surrender within four weeks, and bail in lower court with Rs.15,000 bond and two sureties.

Mukesh Kumar Sharma Vs The State Of Jharkhand And… — Maintenance and Alimony | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 25 of 2018

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Mukesh Kumar Sharma ….. Petitioner

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Versus

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The State of Jharkhand 2. Neha Kumari @ Neha Sharma ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. P.K. Chatterjee, Advocate. For the State : A.P.P. For the O.P.No.2 : Mr. Arun Kumar, Adv. ---------

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06/Dated: 09/07/2018

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Petitioner is apprehending his arrest in connection with the case registered under Section 498A of the I.P.C., and Section 3 /4 of the Dowry Prohibition Act.

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It appears that mediation was explored between the parties, but the same was failed.

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On 28.06.2018, learned cousnel for the petitioner was submitted that in a proceeding under Section 125 of the Cr.P.C Principal Judge, Family Court, Dhanbad was awarded maintenance @ Rs.7,000/- per month to the O.P.No.2, but the petitioner has challenged the aforesaid order before this Court.

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Under order dated 28.06.2018, learend counsel for the petitioner was directed to deposit the aforesaid maintenance amount @ Rs.7,000/- per month from March to June, 2018 i.e. Rs.28,000/- before the Prinicpal Judge, Family Court, Dhanbad and will file a supplementary affidavit in this regard.

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A supplementary affidavit has been filed, which reveals that the petitioner has compliance with the aforesaid order.

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In the facts and circumstances, I am inclined to admit the petitioner on anticipatory bail on certain conditions. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dhanbad, in connection with C.P. Case No.199 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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and subject to further condition is that the petitioner is directed to continue to pay the aforesaid ad interim maintenance i.e. Rs. 7,000/- per month from August, 2018 in the account of O.P.No.2 latest to be deposited by 20^th day of every month till the disposal of this case and if petitioner 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 petitioner by this Court.

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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 petitioner.

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(Anant Bijay Singh, J.)

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Fahim/

Mukesh Kumar Sharma v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Sharma v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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