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Anil Kumar Singh v. the State of Jharkhand

Jharkhand HC16 Jul 2019A.B.A./5464/2018

Case brief

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What is this about?

High Court of Jharkhand granted anticipatory bail to petitioner apprehending arrest. Conditions imposed include surrender within four weeks, payment of interim maintenance to respondent wife, and potential bail cancellation upon default. Case remanded to hearing court.

What did the court decide?

Petitioner admitted on anticipatory bail subject to surrender in four weeks, payment of maintenance to wife, and bail bonds of Rs. 25,000 with two sureties.

Anil Kumar Singh Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5464 of 2018

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Anil Kumar Singh ….. Petitioner Versus 1. The State of Jharkhand 2. Pushpa Devi ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Deepak Kumar, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. Ajay Kumar Singh, Advocate.

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--------- 09/Dated: 16/07/2019

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Petitioner is apprehending his arrest in connection with Complaint Case No. 905 of 2016, registered under Sections 498A of the I.P.C. and Section 3 / 4 of the Dowry Prohibition Act.

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It appears that the matter was listed on 01.07.2019, on that date, both the parties were physically present. On that date, opposite party no. 2, wife of the petitioner had shown inclination to refer the case to the mediation centre, but the petitioner was reluctant.

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So, the matter is heard on merits.

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Learned counsel for the petitioner submitted that petitioner is the husband of opposite party no. 2 and he has been falsely implicated in this case and petitioner is has paid the ad interim maintenance @ Rs. 3,000/- per month to the opposite party no. 2 till June, 2019.

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Learned counsel for the opposite party no. 2 has opposed the prayer for anticipatory bail but not controverted that petitioner had paid the ad interim maintenance to the opposite party no. 2 till June, 2019.

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Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within four weeks and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Hazaribagh, in connection with Complaint Case No. 905 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions that :

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(i) Petitioner is directed to continue to pay ad interim maintenance @ Rs. 3,000/- per month to opposite party no. 2 from July, 2019 directly in the bank account of opposite party no. 2 latest by 25^th day of English Calender of every month till the disposal of the case.

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(ii) If petitioner defaults to transmit the ad-interim maintenance for two successive months to the opposite party no. 2, then it is open for the opposite party no. 2 to file an application for cancellation of bail of the petitioner.

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(iii) This ad interim maintenance shall be subject to any appropriate order passed by any competent court of jurisdiction regarding maintenance.

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Let a copy of order be sent to the court below.

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(Anant Bijay Singh, J.)

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Sunil/

Anil Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Anil Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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