Single judge allowed anticipatory bail after mediation was explored and interim maintenance was directed pending disposal of the complaint case.
Petitioner granted bail; directed to deposit Rs. 5000 monthly maintenance into O.P. No.2 Jan Dhan account.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 682 of 2018 Shubham Kumar @ Subham Kumar …… Petitioner
Versus
The State of Jharkhand & anr …… Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. Yogesh Modi, Advocate For the State : A.P.P
04/Dated: 02/07/2018
The petitioner is apprehending his arrest in connection with Complaint Case No. 658/2017, the case registered under Sections 323,498A,342,406,34 of the Indian Penal Code and section ¾ D.P Act.
Pursuant to order dated 01.05.2018 both the parties are physically present before this court and the possibility of reconciliation between them through the process of mediation is explored.
As per direction of this court petitioner has paid Rs. 1500/- to the O.P.No.2as diet and conveyance allowance, which was received by her.
In order to test the bona fide of the petitioner he is directed to pay Rs. 5000/- per month to the O.P.No.2 as ad interim maintenance from June, 2018.
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. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of CJM, Dhanbad, in connection with Complaint Case No. 658/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to the further condition as follows :
1. Petitioner is directed to pay ad interim maintenance @ Rs. 5,000/per month to O.P. No.2 from June, 2018.
2. Petitioner will deposit the arrears of June and July, 2018, totaling Rs.10,000/- in the court below on or before his date of surrender.
3. On deposit of the aforesaid amount, O.P. No. 2 shall appear before the court below and file application through her learned counsel, thereafter, on proper verification, the court below will release the aforesaid amount in favour of the O.P. No.2.
4. O.P. No.2 informed this court that she has no bank account.
Hence, the court below is directed to open a bank account of O.P.No.2 in Jan Dhan Yojna after getting required documents from O.P. No.2.
5. Petitioner thereafter will deposit the monthly ad interim maintenance of Rs. 5000/- from August,2018 onwards directly in the newly opened bank account of O.P.No.2 latest by 20th day of every month of English Calender.
6. If petitioner defaults to make payment of ad interim maintenance for two successive months, it shall be open for the O.P. No.2 to file an application for cancellation of bail of the petitioner.
7. The ad interim maintenance will be subject to any maintenance order that may be passed by the court of competent jurisdiction
8. The ad interim maintenance will be paid till the disposal of the case.
Let a copy of this order be communicated to the trial court.
( Anant Bijay Singh, J.)
Raman/
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail and interim maintenance pending disposal of the case.
2 provisions across 2 enactments
Shubham Kumar @ Subham Kumar
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
