This Single Judge order granted anticipatory bail to petitioners apprehending arrest in a domestic violence case involving dowry and cruelty charges.
Anticipatory bail granted upon surrender within four weeks, conditional on initial and future monthly maintenance payments to the respondent via bank account.
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. 3836 of 2018
With
…... Petitioner.
Versus
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. Ashutosh Mishra, Advocate For the State : A.P.P
03/Dated: 25/09/2018
The petitioners are apprehending their arrest in connection with Chakulia P.S. Case No. 38/2017, corresponding to G.R. No. 442/2017, the case registered under Sections 494, 498A, 406, 323, 506, 420, 313, 316, 34 of the Indian Penal Code.
Pursuant to order dated 17.07.2018, both the parties( In both cases) are physically present before this court and the possibility of reconciliation between them through the process of mediation is explored.
In order to test the bona fide of the petitioner no.1, namely, Samarjit Barik in ABA No.3836/2018 shall pay Rs. 3000/- per month to O.P.No.2Sangita Barik as ad interim maintenance from August,2018.
Be that as it may, the above named, petitioners ( in both cases) are directed to surrender in court within Four Weeks from today and in the event of their arrest or surrender, the court below shall enlarge the above named petitioners, on bail, on furnishing bail bonds of Rs. 20,000/- ( rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of JM,Ist Class, Ghatsila in connection with Chakulia P.S.case no. 0038/2017, corresponding to G.R.No.442/2017, subject to the condition as laid down under section 438(2) of the Cr.P.C., and subject to the further conditions as follows :
(1) petitioner no.1, namely, Samarjit Barik in ABA No.3836/2018 is directed to deposit Rs. 9000/- for the month of August to October, 2018 in the court below latest by 10.10.2018, thereafter their bail bonds will be accepted.
(2) Thereafter, O.P.No.2 shall appear in the court below and file application for withdrawal of the said amount and the court below after proper verification shall release the amount in her favour.
(3) The Court below is directed to get an account of O.P.No.2 be opened in any nationalized bank under Prime Minister's Jan Dhan Yojna.
(4) Petitioner namely, Samarjit Barik shall deposit Rs. 3000/- per months from November, 2018 onward directly in the bank account of O.P.No.2( to be supplied by O.P.No.2) latest by 20th day of every month of English Calendar.
(5) If petitioner namely, Samarjit Barik defaults to deposit the maintenance amount for two successive months, then O.P.No.2 will be at liberty to file application for cancellation of his bail bonds.
by the court of competent jurisdiction.
Let a copy of this order be communicated to the court below.
( Anant Bijay Singh, J.)
Raman/
3 issues framed by the court
Whether to grant anticipatory bail and impose conditions for interim maintenance between spouses in domestic violence cases.
Whether to direct the petitioner to extend initial bail bond amount and deposit maintenance arrears.
Whether to mandate future monthly maintenance deposits directly to the victim's bank account under Prime Minister's Jan Dhan Yojna.
2 provisions across 2 enactments
Samarjit Barik
Supriya Barik
Raj Kishore Barik
Sangita Barik
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
