Sandesh Paswan v. the State of Jharkhand
Case brief
What is this about?
The court modified an anticipatory bail order by directing the petitioner to deposit Rs. 2,00,000 as ad interim victim compensation towards maintenance and settlement conditions if arrested within four months.
What did the court decide?
The 24.04.2019 anticipatory bail order was modified to require a Rs. 2,00,000 ad interim victim compensation deposit upon arrest or surrender within 4 months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 589 of 2020
Sandesh Paswan … Petitioner
Versus
The State of Jharkhand & Anr. … Opposite Parties
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. S.K. Singh, Advocate For the State : Mrs. Nikki Sinha, Spl. P.P. ------
Order No.04 Dated- 04.12.2020
Heard the parties through video conferencing.
This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioner with a prayer for modification of the order dated 24.04.2019, passed in A.B.A. No. 4799 of 2018.
Though notice was issued to the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 in-spite of repeated calls.
It is submitted by the learned counsel for the petitioner that vide order dated 24.04.2019, passed in A.B.A. No. 4799 of 2018, the petitioner was given the privilege of anticipatory bail subject to the condition that he will take the opposite party no.2 to his house and will keep and maintain her with full dignity and honour as his lawful wife. It is next submitted by the learned counsel for the petitioner that the petitioner went to the house of opposite party no.2 on 28.04.2019, 05.05.2019 and 20.05.2019 but on all dates the opposite party no.2 refused to come with the petitioner and is not ready and willing to resume conjugal life with the petitioner. It is further submitted that the petitioner is a Constable in Jharkhand Police and the petitioner is ready and willing to pay ad interim victim compensation of Rs.2,00,000/- to the opposite party no.2 without prejudice to his defence in this case. Hence it is submitted that the order dated 24.04.2019, passed in A.B.A. No. 4799 of 2018 be modified accordingly. Considering the aforesaid facts, the operative portion of the order dated 24.04.2019, passed in A.B.A. No. 4799 of 2018 is modified as under :-
Issues for consideration
1 issue framed by the court
Whether the conditions of an anticipatory bail order can be modified to include a victim compensation deposit.
Parties & counsel
- petitioner
Sandesh Paswan
- respondent
The State of Jharkhand
Coram
Anil Kumar Choudhary
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · December
- Registered
- Case no.
- Cr.M.P./589/2020
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