Allowed

Sunil Nayak Alias Sunil Kumar Nayak v. the State of Jharkhand

Jharkhand HC9 May 2019A.B.A./1565/2019

Case brief

AI extract

What is this about?

The Ranchi High Court granted anticipatory bail to the petitioner apprehending arrest in a matrimonial dispute case. The court directed that any ad interim compensation paid be adjusted towards maintenance upon final settlement.

What did the court decide?

Petitioner granted privilege of anticipatory bail upon furnishing sureties and depositing Rs. 25,000 as ad interim victim compensation.

Sunil Nayak Alias Sunil Kumar Nayak Vs the State of… — Domestic Violence | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1565 of 2019

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Sunil Nayak @ Sunil Kumar Nayak … Petitioner Versus 1. The State of Jharkhand 2. Sulochana Layak … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. J.N. Upadhyay, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. D.K. Karmakar, Advocate

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Order No.03 Dated- 09.05.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ichagarh P.S. Case No.23 of 2018 (G.R. No. 656 of 2018) registered under sections 498A/34 of the Indian Penal Code and under Section 3/4 of D.P. Act.

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Heard the parties.

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Both the petitioner and opposite party no.2 are present in the Court today.

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The opposite party no.2 submits that she is ready and willing to resume her conjugal life with the petitioner but the petitioner submits that he has never married the opposite party no.2 nor he is the father of the child of the opposite party no.2.

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The Learned counsel for the petitioner submits that the allegations against the petitioner are false and are general and omnibus in nature. It is further submitted that the petitioner is ready and willing to pay Rs.25,000/- as ad interim victim compensation to the informant-opposite party no.2 without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs.25,000/- as ad interim victim compensation in favour of informant-opposite party no.2 – Sulochana Layak and on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Seraikella, in connection with Ichagarh P.S. Case No.23 of 2018 (G.R. No. 656 of 2018) subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant-opposite party no.2 – Sulochana Layak and hand over the said demand draft to her, after proper identification.

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In case, the said amount is received by the informantopposite party no.2, the same shall be adjusted with respect to the maintenance in any present or future proceeding between the parties or final settlement between the parties, if and when the same takes place.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Sunil Nayak Alias Sunil Kumar Nayak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sunil Nayak Alias Sunil Kumar Nayak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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