Allowed

Niranjan Sharma Alias Niranjan Kumar Sharma And Anr. v. The State Of Jharkhand And Anr.

Jharkhand HC25 Sept 2018A.B.A./7471/2017

Case brief

AI extract

What is this about?

Petitioners seeking anticipatory bail in a domestic violence case directed to surrender. They were granted bail on depositing bonds subject to strict conditions continuing monthly maintenance payments to the wife until case disposal.

What did the court decide?

Petitioners granted bail directed to surrender within four weeks, subject to furnishing bonds and condition to pay Rs. 5000/- monthly maintenance.

Niranjan Sharma Alias Niranjan Kumar Sharma And… — Maintenance and Alimony | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 7471 of 2017

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Niranjan Sharma @ Niranjan Kumar Sharma

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Lila Devi @ Lila Sevi …… Petitioners

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Versus

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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 : Mr. A.K.Sahani, Advocate For the State : A.P.P For the O.P.No.2 : Mr. Shekhar Pd. Sinha, Advocate. -----

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06/Dated: 25/09/2018

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The petitioners are apprehending their arrest in connection with C.P. Case No. 425/2017 , the case registered under Sections 498A of the Indian Penal Code.

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Pursuant to order dated 27.06.2018, both the parties are physically present before this court and the possibility of reconciliation between them through the process of mediation is explored.

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It appears that the stand of the parties is at variance.

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Further, vide order dated 27.06.2018 petitioner No.1 was directed to pay Rs. 5000/- per month to O.P.No.2(wife) as ad interim maintenance from the month of June, 2018.

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Learned counsel for the petitioners has submitted that petitioner N.1 has complied the order dated 27.06.2018 and deposited the maintenance amount of till September, 2018 and the O.P. no.2 has received the same.

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It further appears that O.P.No.2 has filed Maintenance Case no. 508/2017 before the Principal Judge, Family Court, Dhanbad and has demanded Rs.10,000/- per month for herself and Rs. 5000/-per month for her child as maintenance and the petitioner has appeared in that case, but no order is passed till date.

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Be that as it may, the above named, petitioners 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 ail bonds of Rs. 25,000/- ( rupees twentyfive thousand) each with two sureties of the like amount each to the satisfaction of CJM, Dhanbad in connection with C.P. Case no. 425/2017, subject to the condition as laid down under section 438(2) of the Cr. P.C., and subject to the further conditions as follows :

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(1) Petitioner No.1 shall continue to deposit Rs. 5000/- per months from October, 2018 onward directly in the bank account of O.P. No.2 latest by 20^th day of every month of English Calendar.

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(2) If petitioner No.1 defaults to deposit the maintenance amount for two successive months, then O.P.No.2 will be at liberty to file application for

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cancellation of bail bonds of the petitioners.

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(3) The maintenance amount will be paid till disposal of the case.

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(4) Payment of maintenance amount shall be subject to any order passed by the court of competent jurisdiction.

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Let a copy of this order be communicated to the court below.

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( Anant Bijay Singh, J.)

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Raman/

Niranjan Sharma Alias Niranjan Kumar Sharma And Anr. v. The State Of Jharkhand And Anr.

Case brief

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Niranjan Sharma Alias Niranjan Kumar Sharma And Anr. v. The State Of Jharkhand And Anr.

Case brief

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What did the court decide?

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