Allowed

Ajay Kumar Rai v. The State Of Jharkhand And Anr.

Jharkhand HC5 Sept 2018A.B.A./6160/2017

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a case involving IPC and Domestic Violence Act sections. The petitioner was directed to surrender and deposit ad-interim maintenance for the respondent-wife or face cancellation of bail.

What did the court decide?

Anticipatory bail granted on conditions of surrender, bail bond, and furnishing ad-interim maintenance to the wife.

Ajay Kumar Rai Vs The State Of Jharkhand And Anr. — Maintenance and Alimony | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6160 of 2017

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Ajay Kumar Rai ….. Petitioner

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Versus 1. The State of Jharkhand 2. Saloni Rai ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Anil Kr. Sinha, Sr. Advocate. For the State : A.P.P. For the O.P.No.2 ; Mr. Indrajit Sinha, adv. ---------

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08/Dated: 05/09/2018

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Petitioner is apprehending his arrest in connection with the case registered under Sections 323, 498A, 307, 511, 120B of the IPC and Section 3 /4 of D.P.Act.

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On query, learned counsel for the O.P.No.2 has submitted that O.P.No.2 has filed a maintenance case for her maintenance @ Rs.50,000/- per month. On the other hand leanred counsel for the petitioner has submitted that the petitioner is ready to pay ad-interim maintenance to the O.P.No.2 as directed by this Court.

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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 latest by 25.09.2018 and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Koderma, in connection with Tilaiya P.S. Case No.115 of 2017, corresponding to G.R.No.392 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions are as follows:-

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Petitioner is directed to pay Rs.25,000/- per month as ad interim maintenance to O.P.No.2 from July, 2018 and shall deposit the arrears of maintenance amount for the month of July, August & September 2018, i.e. three months, totaling Rs.75,000/- latest by 25.09.2018 in the trial court.

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After deposition of the said amount, the trial court is directed to issue notice upon complainant/O.P.No.2 and on her appearance and after proper verification, the trial court shall release the aforesaid amount in her favour and the trial court shall ascertain that O.P.No.2 has a bank account in her name or not and if not, the trial court will ensure that the account of O.P.No.2 be opened in any nationalized bank under Prime

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-2-

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Minister's Jan Dhan Yojna and the trial court shall ensure that the ad-interim maintenance amount must be deposited in the account of O.P.No.2 from October, 2018.

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Further, the petitioner shall deposit the ad-interim maintenance amount @ Rs.25,000/- per month in the account of O.P.No.2 from October, 2018 latest to be deposited by 25^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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This interim maintenance shall be subject to any appropriate orders passed by any competent court of jurisdiction regarding maintenance and will not prejudice the case of the petitioner.

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(Anant Bijay Singh, J.)

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Fahim/

Ajay Kumar Rai v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Ajay Kumar Rai v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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