A.B.A./1629/2017 of Shivendra Kumar Verma Vs The State Of Jharkhand And Anr on 19 December 2017

1. The State of Jharkhand.

2. Ratna Kumari….Opp. Party(s)

CORAM: HON’BLE MR. JUSTICE ANANT BIJAY SINGH

For the Petitioner(s):M/s Shambhu Nath Tiwari, Arvind Kr. Choudhary, Advocates.For the State:APP

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05/19.12.2017.Heard learned counsel appearing for the parties.

The petitioner, who is an accused for offence under Sections 498A, 323, 328/ 34 of the Indian Penal Code, prays for anticipatory bail expressing apprehension of his arrest in connection with Deoghar Town P.S. Case No.411 of 2016 corresponding to G.R. No.1208 of 2016, pending in the court of learned C.J.M., Deoghar.

Perused the report dated 18.11.2017 sent by Kumar Kranti Prasad, learned C.J.M., Deoghar, it appears that the O.P. No.2 does have bank account.

Heard the counsel for the parties.

Regard being had to the facts and circumstances, the petitioner, above-named, is directed to surrender himself before the court below on or before 8[th] January, 2018, and on his surrender, he shall be released on bail on furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Deoghar, in connection with Deoghar Town P.S. Case No.411 of 2016 corresponding to G.R. No.1208 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C., and subject to further conditions which are as follows :- (a) The petitioner will deposit ad-interim maintenance amount for the month of November, December, 2017 and January, 2018, total of Rs.6,000/- latest by 06.01.2018.

(b) Petitioner is directed to pay ad interim maintenance @ Rs.2,000/- per month.

(c) Petitioner will deposit the amount from February, 2018 directly in the account of the O.P. No.2.

(d ) Petitioner thereafter will deposit the monthly ad interim maintenance from February, 2018 onwards latest by 20[th] day of every month of English Calendar.

(e) On deposit of the aforesaid amount, the Opp. Party No.2 shall appear before the court below and file application through her learned counsel, thereafter, on proper verification, the court below will release the aforesaid amount in favour of the Opp. Party No.2.

(f) If the petitioner defaults to make payment of ad interim maintenance for two successive months, it shall be open for the Opp. Party No.2 to file an application for cancellation of bail of the petitioner.

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

The trial court is directed to submit a report regarding the release of the amount to the Opp. Party No.2.

Let a copy of this order be communicated to the trial court as well as learned DLSA, Deoghar, as well as learned Secretary, DLSA, Deoghar, at once.

(Anant Bijay Singh, J.)