Allowed

Sanjay Nishad Alias Sanjay Kumar Nishad v. the State of Jharkhand

Jharkhand HC29 Nov 2018A.B.A./3050/2018

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a 498A/406 IPC case, conditioning admission on monthly ad-interim maintenance payments and surrender within four weeks. Failure to pay maintenance for two successive months would allow cancellation of bail. Reconciliation via JHALSA mediation was unsuccessful.

What did the court decide?

Petitioner admitted on anticipatory bail on conditions of monthly maintenance payment and surrender within four weeks; bail revocable upon default in maintenance for two months.

Sanjay Nishad Alias Sanjay Kumar Nishad Vs the… — Maintenance and Alimony | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3050 of 2018

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Sanjay Nishad @ Sanjay Kumar Nishad @ Sanjay Nishadh

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….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. P. Kr. Chatterjee, Advocate. For the State : APP For the O.P.No.2 : Mr. Md. Zaid Ahmed, Adv.

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05/Dated: 29/11/2018

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Petitioner is apprehending his arrest in connection with the case registered under Sections 323/406/34 498A of the IPC.

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It appears that on 01.08.2018, both the parties along with their counsels were present and possibility of reconciliation through process of mediation was explored and the petitioner was directed to pay Rs.5,000/- per month as ad-interim maintenance to the O.P.No.2 from the month of June, 2018. Further, under order dated 13.09.2018, with consent of the parties matter was referred to Member Secretary, JHALSA, Ranchi for reconciliation between the parties through process of mediation.

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The required Mediation report dated 24.11.2018, submitted by P.N. Singh and Mrs. Mahua Palit, Mediators, JHALSA has been received, which reveals that the dispute between the parties could not be settled.

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On query, petitioner has submitted that he has deposited the ad-interim maintenance amount till November, 2018 and submit a receipt of the same.

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So, petitioner is directed to pay continue Rs.5,000/per month as ad-interim maintenance directly in the account of O.P.No.2 from the month of December, 2018 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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-02-

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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.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Dhanbad, in connection with C.P. Case No.29/2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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This interim maintenance shall be subject to any appropriate orders passed by any competent court of jurisdiction regarding maintenance.

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(Anant Bijay Singh, J.)

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fahim/

Sanjay Nishad Alias Sanjay Kumar Nishad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Nishad Alias Sanjay Kumar Nishad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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