This order admits the petitioner on anticipatory bail in a Section 498A IPC case, subject to conditions including payment of interim maintenance and surrender within a stipulated period.
The petition was allowed; the petitioner is directed to surrender by 17/12/2018 and pay Rs. 2000/- as ad-interim maintenance to O.P. No. 2.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2750 of 2018
Rama Das ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Party ---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner : Mr. Amarendra Kumar, Advocate. For the State : APP For the O.P.No.2 : Mr. Deepak Kr., Adv.
05/Dated: 29/11/2018
Petitioner is apprehending his arrest in connection with the case registered under Sections 498A of the IPC.
It appears that on 05.11.2018, pursuant to order dated 16.08.2018, both the parties along with their counsels were present and possibility of reconciliation through process of mediation was explored and the petitioner was queried as to whether he is ready to pay Rs.2,000/ per month as ad-interim maintenance to the O.P.No.2 and he sought time.
Today, learned counsel for the petitioner has submitted that the petitioner is ready to pay Rs.2,000/- per month as ad-interim maintenance.
So, petitioner is directed to pay Rs.2000/- per month as ad interim maintenance to the O.P.No.2 from November, 2018.
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 latest by 17.12.2018 and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.,1st Class, Koderma, in connection with Complaint Case No.1032/2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions are as follows:- 1. The petitioner is directed to pay Rs.2000/- per month as ad interim maintenance to O.P.No.2 from Novermber, 2018 and shall deposit the arrears of
-02-
November & December, 2018, i.e. two months, totaling amount of Rs.4,000/- latest by 17.12.2018 in the trial court.
2. After so deposition of the amount, Informant/O.P.No.2 will appear before the trial court, and on her appearance and after proper verification, the trial court shall release the aforesaid amount in her favour and the trial court shall ascertain that O.P.No.2 has a bank account in her name or not and if not, the trial court will ensure that the account of O.P.No.2 be opened in any nationalized bank under Prime Minister's Jan Dhan Yojna and the trial court shall ensure that the adinterim maintenance amount must be deposited in the account of O.P.No.2 from January, 2019.
3. Further, the petitioner is directed to pay the ad interim maintenance @ Rs. 2000/- per month directly in the account of O.P.No.2 from the month of January, 2019 latest to be deposited by 20th 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.
This interim maintenance shall be subject to any appropriate orders passed by any competent court of jurisdiction regarding maintenance.
(Anant Bijay Singh, J.)
fahim/
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail on conditions.
Whether the petitioner can be admitted on anticipatory bail while adjudicating maintenance claims.
2 provisions across 2 enactments
Rama Das
The State of Jharkhand
O.P. No. 2
Anant Bijay Singh
RATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
