Allowed

Afjal Ansari v. The State Of Jharkhand

Jharkhand HC3 Jul 2018A.B.A./306/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner, who was apprehending arrest for kidnapping and dowry harassment. The court directed surrender by a specific date and imposed conditions regarding the payment of interim maintenance to the wife.

What did the court decide?

Anticipatory bail granted, with conditions to surrender, pay interim maintenance, and depute maintenance to the wife's bank account.

Afjal Ansari Vs The State Of Jharkhand — Dowry and Cruelty | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 306 of 2018

Afjal Ansari

….. Petitioner

Versus

The State of Jharkhand

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Sabana Khatoon

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….. Opp. Parties

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---------

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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--------- For the Petitioner : Mr. Shashank Shekhar Prasad, Advocate. For the State : A.P.P.

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06/Dated: 03/07/2018

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Petitioner is apprehending his arrest in connection with Netarhat P.S. Case No. 10 of 2017, corresponding to G.R. No. 568 of 2017, registered under Section 498A of the I.P.C. and Section 4 of the Dowry Prohibition Act.

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Despite valid service of notice on opposite party no. 2, she has failed to appear.

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Learned counsel for the petitioner submitted that petitioner is the husband of the opposite party no. 2 and he has been falsely implicated in this case.

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On query made by this Court, as to whether petitioner is ready to pay ad interim maintenance to the opposite party no. 2 @ Rs. 2,500/- per month, the petitioner has answered in affirmative.

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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 on or before 25.07.2018 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. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Latehar, in connection with Netarhat P.S. Case No. 10 of 2017, corresponding to G.R. No. 568 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 one of the bailers shall be local resident of Latehar distrit and also on the following conditions:-

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(i) Petitioner is directed to pay ad interim maintenance @ Rs. 2,500/- per month from June, 2018 to opposite party no. 2 and to pay the ad interim maintenance of June & July, 2018 i.e. of two months, total Rs. 5,000/- in the court below before surrender. Thereafter, bail bonds of petitioner shall be accepted by the court below.

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-2-

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(ii) Further, after deposition of the aforesaid amount, the court below is directed to issue notice to the opposite party no. 2 namely Sabana Khatoon, daughter of Salim Ahmad, who is the resident of Madguri, P.O. & P.S. - Kushmi, District – Balrampur (Chattisgarh) and on her appearance, the court below is directed to release the aforesaid amount after proper verification in favour of the opposite party no. 2.

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(ii) Further, on appearance, the opposite party no. 2 is directed to furnish her bank account and if opposite party no. 2 does not possess bank account, it shall be the duty of the court below to get an account of opposite party no.2 opened under Prime Minister Jan Dhan Yojna in any nationalized bank in support of DLSA, Latehar.

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(iii) Further, the court below is directed to ensure that petitioner shall transmit the ad interim maintenance from August, 2018 onwards 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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(iv) Till the opening of the bank account of opposite party no. 2, the petitioner shall deposit the ad interim maintenance in the court below.

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(v) If petitioner defaults to transmit the ad-interim maintenance for two successive months in the bank account of 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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(vi) The ad interim maintenance allowed by this order 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.

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(Anant Bijay Singh, J.)

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Sunil/

Afjal Ansari v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Afjal Ansari v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

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