Court: Jharkhand High Court
Bench: JUSTICE Anant Bijay Singh
Shekhar Pandit @ Sekhar Vs. State Of Jharkhand & Anr. On 11 September 2017
Law Point:
Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 323, 325 — Anticipatory Bail — Cruelty — Hurt — Grievous Hurt — Petitioner-husband of O.P. No. 2 has complied with order passed by this Court and paid ad interim maintenance @ Rs. 1,500 till Aug. 2017 — Anticipatory bail granted to petitioner with conditions.
JUDGEMENT
1. Petitioner is apprehending his arrest in connection with P.C.R. Case No. 744 of 2015, corresponding to T.R. No. 4687 of 2015, registered under Sections 498A, 323, 325 of the I.P.C. and Sections 3 / 4 of the Dowry Prohibition Act.
2. It is submitted by learned Counsel for the petitioner that petitioner is the husband of the opposite party No. 2 and petitioner has complied with the order passed by this Court and has paid ad interim maintenance @ Rs. 1,500 till August, 2017.
3. 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 on or before 1.11.2017 and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Godda, in connection with P.C.R. Case No. 744 of 2015, corresponding to T.R. No. 4687 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions:
(i) Petitioner is directed to pay ad interim maintenance to opposite party No. 2 Divya Devi @ Rs. 1,500 per month as per order dated 14.6.2017 and shall pay the arrears of ad interim maintenance from August to November, 2017 i.e. for four months, totalling to Rs. 6,000 is to be paid on the date of surrender.
(ii) Further, after deposition of the aforesaid amount, the opposite party No. 2 will appear and file an application for withdrawal of aforesaid amount and the Court below after proper verification shall release the aforesaid amount in favour of the opposite party No. 2.
(iii) Further, opposite party No. 2 is directed to furnish her bank account number before the Court below on the date of her appearance and if opposite party No. 2 has no bank account, the Court below is directed to get the bank account of the opposite party No. 2 opened in any nationalized bank. Further Court below shall ensure that the ad interim maintenance @ Rs. 1,500 per month from December, 2017 be transmitted directly in the account of opposite party No. 2 latest by 20th day of English Calender of every month till the disposal of the case.
(iv) 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.
(v) This ad interim maintenance shall be subject to any appropriate order passed by any competent Court of jurisdiction regarding maintenance.
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