The Court granted anticipatory bail to the petitioner in a case involving Sections 498A IPC and Dowry Prohibition Act. The grant was conditioned upon the petitioner paying monthly maintenance and surrendering within four weeks.
Petitioner granted anticipatory bail with conditions to pay Rs.10,000 monthly maintenance and surrender within four weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1303 of 2018
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Balbhadra Sundi .... .... …. Petitioner Versus 1. The State of Jharkhand .... .... 2. Belmati Kandeyang .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Addl.P.P. For the Opposite Party No.2 : Mr. J. S. Singh, Advocate
Order No.09 Dated- 09.01.2019
Apprehending his arrest in connection with Chakradharpur (Mahila) P.S. Case No.04 of 2017 corresponding to G.R. No.194 of 2017 instituted under Sections 498A of the Indian Penal Code with Section 3/4 of Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State being assisted by the learned counsel for the opposite party No.2.
Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false and general and omnibus in nature. The petitioner has never married with the opposite party No.2. It is further submitted that in terms of the order dated 01.08.2018, the petitioner has been paying Rs.8,000/- per month to the opposite party No.2 by way of ad interim maintenance from June, 2018 and the petitioner further undertakes to enhance the said amount by Rs.2,000/- per month starting from February, 2019 and continue paying the same till disposal of the case subject to the condition that the said amount be adjusted towards maintenance, if any, awarded to the opposite party No.2 in any present or future proceeding between the parties. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 jointly submit that in view of the undertaking of the petitioner to pay monthly ad interim maintenance amount of Rs.10,000/-, they do not have any serious objection to the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned S.D.J.M., Porahat at Chaibasa within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Porahat at Chaibasa in connection with Chakradharpur (Mahila) P.S. Case No.04 of 2017 corresponding to G.R. No.194 of 2017 with the condition that as undertaken by him he will regularly pay a sum of Rs.10,000/- per month starting from February, 2019 to the opposite party No.2 till the disposal of this case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
It is made clear that the said amount, paid by the petitioner to the opposite party No.2 shall be adjusted towards the maintenance, if any, awarded to the opposite party No.2 in any present or future proceeding between the parties.
(Anil Kumar Choudhary, J . )
Animesh/
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given his undertaking to pay maintenance and the nature of allegations.
3 provisions across 3 enactments
Balbhadra Sundi
The State of Jharkhand
Belmati Kandeyang
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
