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Vishal Kumar Srivastava v. the State of Jharkhand

Jharkhand HC8 Aug 2018A.B.A./488/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the applicant pending surrender within four weeks. The order noted a settlement agreement between the applicant and his wife, which included terms for divorce and financial settlement.

What did the court decide?

Petitioner directed to surrender within four weeks and be enlarged on bail by the trial court on furnishing a bond of Rs. 25,000 with two sureties.

Vishal Kumar Srivastava Vs the State of Jharkhand — Matrimonial and Divorce | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 488 of 2018

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Vishal Kumar Srivastava …… Petitioner Versus The State of Jharkhand & Anr …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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----- For the Petitioner : Ms. Khushboo Kataruka, Advocate For the State : A.P.P. For the O.P.No.2 : Mr. S.P.Sinha. ----- 08/Dated: 08/08/2018

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The petitioner is apprehending his arrest in connection with C.P.Case No. 887/2017 , the case registered under Sections 498A, 323, 379, 406, 504, 506 and 34 of the Indian Penal Code.

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Pursuant to order dated 26.07.2018 both the parties are physically present before this court.

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It appears that a supplementary affidavit has been filed on behalf of the petitioner which reveals that the parties have settled their dispute amicably before the DLSA, Dhanbad in Misc Case no. 1282 of 2018 on 05.07.2018 on the following terms :

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(I) Petitioner will pay Rs. 11,00,000/- ( Eleven lacs) to O.P.No.2, out of which he has paid Rs. 5 lacs to O.P.N.2 by way of demand draft. (II) If the petitioner is granted anticipatory bail by the Hon'ble Court, he shall file a mutual divorce petition under section 13B of the Hindu Marriage Act within one week before the Family Court below.

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(III) On the date of disposal of C.P.Case no. 887/2017 filed by O.P.No.2(wife), petitioner shall pay Rs. 2 lacs to O.P.No.2 and the O.P.No.2 shall also withdraw O.M. 210/2017.

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(IV) Petitioner shall withdraw the M.T case no.255/2017 pending the court below.

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(V) Petitioner shall pay the third installment as demand draft of R. 4 lacs to the O.P.No.2 on the last date of the evidence of the Mutual Divorce case.

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(VI) In future both the parties will not claim any sort of matrimonial claim upon each other and live freely on their wishes. (VII) Further, both the parties have agreed that they will co-operate each other to resolve and finish all the disputes pending before any court.

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(VIII) Further, both the parties are legally bounded by the above terms

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and promises.

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Be that as it may, the above named petitioner is directed to surrender in the Court below within Four Weeks from the date of this order 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 JM, Dhanbad, in connection with C.P. Case No. 887/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let a copy of this order alogwith the original copy of the agreement arrived between the parties be sent to the trial court and xerox copy of the agreement alongwith this order be also sent to the court of Principal Judge, Family Court, Dhabad after keeping xerox copy of the agreement in this file.

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( Anant Bijay Singh, J.)

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Raman/

Vishal Kumar Srivastava v. the State of Jharkhand

Case brief

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Vishal Kumar Srivastava v. the State of Jharkhand

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