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2014 DIGILAW 177 (RAJ)

Babu Lal : Dheeraram v. State of Rajasthan

2014-01-13

KANWALJIT SINGH AHLUWALIA

body2014
JUDGMENT 1. - By this common order, S.B. Criminal Miscellaneous Bail Application No.109 of 2014, preferred by Dheeraram and his wife Bhagwani, shall be decided, along with S.B. Criminal Miscellaneous Bail Application No.300 of 2014, instituted by Babu Lal. 2. Both these applications have been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners, in a case arising out of same F.I.R. No.272/2013, registered at Police Station, Manoharpur, District Jaipur for offences punishable under Sections 498-A, 406 and 323 I.P.C. 3. Today, Babulal, husband and Manju, his wife are present in person before this Court. They have been identified by their respective Counsel. 4. The learned counsel for the parties have made efforts to amicably resolve the matrimonial dispute. 5. Mr. S.S. Naruka, the learned counsel appearing on behalf of the complainant/aggrieved-wife, has submitted that the petitioner, Babulal has not paid a single penny towards maintenance to the aggrieved-wife, till today. 6. Mr. Madhav Mitra, the learned counsel appearing for the petitioner-husband has submitted that till today no application has been filed by the complainant-wife seeking maintenance. 7. It is further submitted by the learned counsel that on instructions from petitioner, Babulal, who is present in person before this Court to show his bona-fide the petitioner at his own shall pay Rs. 8,000/- [Rupees Eight Thousand Only] per month to his wife Manju from the date of registration of F.I.R. 7. Without determining the entitlement or quantum of maintenance, solely relying upon the statements made by the counsel appearing for the petitioners and counsel for the complainant that Babulal shall pay to his wife @ Rs. 8000/- per month from the date of registration of F.I.R., this Court is of the view that this Court should grant due credence to the consensus, which has emerged between the learned counsel for both the parties, during the course of arguments. 8. Consequently, the present application, preferred by Babu Lal, stands disposed of, by issuing the following directions:- A. THAT the petitioner, Babulal shall deposit maintenance @ Rs. 8000/- per month from the date of registration of F.I.R. before the trial Court within one month from today. B. THAT the petitioner, Babulal shall continue to pay Rs. 8000/-, as maintenance to his wife; and in case of dispute, shall deposit the same before the trial Court. 8000/- per month from the date of registration of F.I.R. before the trial Court within one month from today. B. THAT the petitioner, Babulal shall continue to pay Rs. 8000/-, as maintenance to his wife; and in case of dispute, shall deposit the same before the trial Court. C. THAT to enable the petitioner to deposit the amount before the trial Court, his arrest in the present F.I.R. shall remain stayed for a period of thirty-days. D. THAT upon deposit of the amount, the petitioner, Babulal in the event of arrest, shall be released on bail to the satisfaction of the Arresting Officer. E. THAT in case of three monthly consecutive defaults, the trial Court shall be empowered to cancel the bail granted to the petitioner, Babulal. F. THAT the amount of Rs. 8000/- is based upon the concession given by the counsel appearing for the petitioners and it shall not stand in any way of the Court of competent jurisdiction to determine entitlement and quantum of maintenance to which the wife is entitled. G. THAT the amount, so deposited before the trial Court shall be disbursed to the complainant/aggrieved-wife. 9. Since Babulal, the petitioner-husband has been granted bail in view of above terms, the application filed by his parents is also, hereby, accepted and it is ordered that in the event of arrest, the petitioners, namely Dheeram Ram and Bhagwani shall be released on bail to the satisfaction of the Arresting Officer. They shall undertake to abide by the conditions specified under Section 438 (2) Cr.P.C. and shall appear before the Investigating Officer as and when called for. 10. Let a copy of this order be placed in the connected file.Anticipatory Bail application allowed. *******