Order Heard Mr. Neeraj Kumar, learned counsel for the petitioner and Mr. Mohit Prakash, learned counsel for O.P. NO.2. 2. The petitioner, in this petition, is the wife of O.P. NO.2. She has filed this application for cancellation of bail granted to her husband, i.e. O.P. No.2 namely Jagdeo Bhagat, who is a Sub-Inspector of Police and presently posted as Sub-Inspector of Police in Manatu Police Station In the District of Palamau. The petitioner Beli Baraik alleges that her husband has willfully and intentionally has violated the terms of compromise arrived at between them. which was a condition for grant of anticipatory bail and, therefore, for such willful and intentional non-compliance/violation of the order of this Court dated 20.11.2006 in A.B.A. No. 1265 of 2006, the anticipatory bail granted to O.P. No.2 Jagdeo Bhagat may be cancelled. 3. It appears that the petitioner has lodged a criminal case against her husband Jagdeo Bhagat being Chainpur P.S. Case No. 27 of 2006 under Sections 494, 498A and 420 of the Indian Penal Code alleging therein that she was being tortured by her-husband and further that he has illegally kept a lady in his house as his second wife who is living with him with her children. 4. The husband Jagdeo Bhagat applied for anticipatory bail before the District Judge, Gumla and on being refused, he filed an application for anticipatory bail before this Court, which was registered as A.BA No. 1265 of 2006. The Bench hearing the anticipatory bail petition tried to get the matrimonial dispute settled between the parties by referring the matter to the Conciliator, Jharkhand State Legal Services Authorities, Ranchi. Both the parties appeared before the Conciliator and, ultimately, the parties came to the terms in writing. In terms of the written agreement duly signed by both the parties, the husband Jagdeo Bhagat, i.e. O.P. No.2 agreed that he would pay 45% of his salary to his wife, i.e. the petitioner and his wife should withdraw the criminal case, filed against him. He agreed to deposit. 45% of the amount from his salary from October 2006 in the account of his wife, i.e. the petitioner and in case of failure he gave liberty to his wife that she may ask his Department to get the said amount, i.e. 45% from his salary to be deducted and deposited in her account. 5.
He agreed to deposit. 45% of the amount from his salary from October 2006 in the account of his wife, i.e. the petitioner and in case of failure he gave liberty to his wife that she may ask his Department to get the said amount, i.e. 45% from his salary to be deducted and deposited in her account. 5. After considering the agreement arrived at between the parties before the Conciliator, the anticipatory bail petition was disposed of by order dated 20.11.2006 by this Court by granting anticipatory bail to the husband, i.e. O.P. No. 2 with a condition that he shall comply the terms and conditions of the compromise and if he fails, his wife shall be at liberty to file application for cancellation of his bail. 6. Now, this petition has been filed by the wife for cancellation of bail, on the ground as already noticed in earlier paragraphs. 7. The husband Jagdeo Bhagat, i.e. O.P. No.2, after notice, has appeared and has filed his show cause wherein, he has stated that one of the terms of the compromise was that the petitioner would withdraw the criminal case, but she has refused to withdraw the same and now charges have also been framed in the said criminal case. He further stated that since February 2009 he is not getting his salary and, as such, the maintenance amount as agreed could not be paid to her. However, he has managed somehow to deposit a sum of Rs. 50,000/- (fifty thousand) on 4.1.2010 in the account of his wife Beli Baraik, i.e. the petitioner. Further that he would henceforth pay the amount as agreed as soon as he gets his salary. 8. The petitioner states that though her husband agreed to pay an amount equivalent to 45% of his salary but, .in fact, he has paid Rs. 5,000/- P.M. only. The first payment was made on 23.2.2007, second payment was made on 6.3.2007, third payment was made on 20.4.2007, fourth on 12.6.2007, fifth on 16.7.2007 and sixth on 15.9.2007. She alleged that for the months of May and August, 2007 no payment has been made. She further stated that after September 2007 not a single penny has been paid to her and since she has no other' source of income; she has reached to the verge of starvation. 9.
She alleged that for the months of May and August, 2007 no payment has been made. She further stated that after September 2007 not a single penny has been paid to her and since she has no other' source of income; she has reached to the verge of starvation. 9. Considering the rival contentions of the parties, I feel that the parties should be given one more chance to abide by the terms and conditions as agreed and arrived at between them. Presently, I am not inclined to cancel the anticipatory bail of the husband Jagdeo Bhagat but at the same time I am of the view that he must comply the terms and conditions, as agreed by him. 10. Accordingly, this petition is being disposed of by directing the Superintendent of Police, palamau to deduct an amount equivalent to every month from the total salary of O.P. No.2 Jagdeo Bhagat, Sub-Inspector of Police, Manatu Police Station, Palamau, from October 2007, and get it transferred in the S.B. Account of Punjab National Bank, Kishoreganj Branch, Ranchi of the petitioner Beli Baraik minus the amount already paid by the O.P. No.2 to the petitioner. The petitioner is directed to furnish her Bank Account number to the Department. Once the Department starts transferring the maintenance amount in the bank account of the petitioner, she shall also abide by the terms and conditions of compromise by not pursuing the criminal case against her husband Jagdeo Bhagat, i.e. O.P. No.2 as agreed by her. The counsel for O.P. No. 2 stated that O.P. No. 2 shall also take steps for correcting the name of the petitioner as nominee in his service record. With these observations and directions, this petition stands disposed of