Allowed

Pradip Kumar Soren v. the State of Jharkhand

Jharkhand HC6 Aug 2018A.B.A./608/2018

Case brief

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What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a domestic violence case. Bail was subject to payment of interim maintenance to the wife, her son's welfare, and a rehabilitation scheme under NALSA schemes. The case was remanded with specific directives to the court below.

What did the court decide?

Anticipatory bail granted subject to payment of interim maintenance, family support, and rehabilitation scheme implementation.

Pradip Kumar Soren Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 608 of 2018

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Pradip Kumar Soren ….. Petitioner Versus 1. The State of Jharkhand 2. Raivoti Marandi ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Ajay Sah, Advocate. For the State : A.P.P. For the O.P. No. 2 : M/s Amrita Banerjee, Advocate.

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05/Dated: 06/08/2018

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Petitioner is apprehending his arrest in connection with Nirsa (Kalubathan) P.S. Case No. 147 of 2017, corresponding to G.R. No. 2194 of 2017, registered under Sections 498A, 494, 323, 506, 134, 120(B) of the I.P.C.

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Pursuant to order dated 25.06.2018, petitioner – Pradip Kumar Soren and opposite party no. 2 - Raivoti Marandi along with her son namely Aashish Soren, aged about 2½ years in her lap along with their learned counsels are physically present.

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Possibility of reconciliation of the dispute through the process of mediation is explored, but during the process, it transpired that petitioner has earlier married and he has solemnized second marriage with the opposite party no. 2.

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Further, opposite party no. 2 is informed about her two fold-rights namely right to defend her case in the trial court by a counsel from legal aid panel and also availing the benefits of any of the ten schemes of Government of India and Government of Jharkhand sponsored by NALSA and executed by JHALSA and DLSA. She 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 27.08.2018 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. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Dhanbad, in connection with Nirsa (Kalubathan) P.S. Case No. 147 of 2017, corresponding to G.R. No. 2194 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions:

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(i) Petitioner is directed to pay ad interim maintenance @ Rs. 2,000/- per month from May, 2018 to the opposite party no. 2 and to pay the ad interim maintenance of May, June, July & August, 2018 i.e. of four months, total Rs. 8,000/- in the court below before surrender. Thereafter, bail bonds of petitioner shall be accepted by the court below. The aforesaid deposition will not prejudice the case of the petitioner during trial.

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(ii) On deposition of the aforesaid amount, the court below will issue notice to the opposite party no. 2 and her son and on her appearance, the court below will release the aforesaid amount in favour of opposite party no. 2 after proper verification.

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(iii) 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 the account of opposite party no.2 opened under Prime Minister Jan Dhan Yojna in support of Sub Divisional Legal Services Authority, Dhanbad.

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(iv) Further, court below is directed to ensure that petitioner shall transmit the ad interim maintenance from September, 2018 directly in the bank account of opposite party no. 2 latest by 20^th day of every month till the disposal of the case.

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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. (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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(vii) Court below in association with Secretary, DLSA, Dhanbad and in support of Principal District Judge-cumChairman, DLSA, Dhanbad is also directed to frame a rehabilitation scheme for the opposite party no. 2 and will extend the benefits of any of the ten schemes of Government of India and Government of Jharkhand sponsored by NALSA and executed by JHALSA and DLSA and to submit a report to this Court within 16 weeks.

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List this case after 16 weeks under the heading 'For Orders”.

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In terms of order dated 25.06.2018, petitioner has paid Rs. 1500/- to the opposite party no. 2. Office is directed to release the aforesaid amount after proper verification.

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Let a copy of order be sent to the court below and Secretary, DLSA, Dhanbad.

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(Anant Bijay Singh, J.)

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Sunil/

Pradip Kumar Soren v. the State of Jharkhand

Case brief

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Pradip Kumar Soren v. the State of Jharkhand

Case brief

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