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2017 DIGILAW 1307 (JHR)

Nand Kishore Prasad @ Kaltu v. State of Jharkhand

2017-07-31

ANANT BIJAY SINGH

body2017
JUDGMENT : 1. Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No.2. 2. The petitioner is apprehending his arrest in connection with the case registered under Sections 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. 3. On 20.07.2017, learned counsel for the petitioner was directed to produce the salary slip of the petitioner. 4. Today, when the case is called out, learned counsel for the petitioner has filed the salary slip of the petitioner, it appears that petitioner has monthly compensation package of Rs. 27,000/-. 5. Learned counsel for the petitioner has submitted that petitioner never subjected cruelty on the complainant for any unlawful demand of dowry and as such no case under Section 498(A) of the I.P.C and Section 3/4 of the Dowry Prohibition Act is made out against the petitioner. 6. Learned counsel for the O.P. No.2 has opposed the prayer for anticipatory bail. 7. In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below on or before 30.08.2017 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 Judicial Magistrate, 1st Class, Dhanbad in connection with C.P. Case No. 464 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and subject to the other condition that Petitioner is directed to pay Rs. 6,000/- per month. (1) Further, petitioner is directed to deposit the arrears of ad-interim maintenance of the month of July, 2017 to August, 2017 total two months i.e. Rs. 12,000/- before the trial Court on the date of surrender. 6,000/- per month. (1) Further, petitioner is directed to deposit the arrears of ad-interim maintenance of the month of July, 2017 to August, 2017 total two months i.e. Rs. 12,000/- before the trial Court on the date of surrender. (2) Further, after deposition of the amount, the trial Court shall issue notice to the O.P. No.2-Kavita Devi @ Kavita Kumari and on her appearance and after verification, the trial Court shall release the aforesaid amount to the O.P. No.2 and O.P. No.2 is also directed to furnish the bank account number to the trial Court and if she does not have any bank account, the trial Court will ensure that the account of O.P. No.2 be opened in any nationalized bank under the Prime Minster's Jan Dhan Yojna with the support of D.L.S.A., Dhanbad and trial court shall ensure that the ad-interim maintenance amount must be deposited in the account of the O.P. No.2 from the month of September, 2017 onwards. (3) Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 6,000/- per month from the month September, 2017 latest to be deposited by 25th day of the English calender in the account of O.P. No.2. (4) The aforesaid ad-interim maintenance will be paid till disposal of the case. (5) Further, if the petitioner defaults in making payment for two successive months, it shall be open to the complainant to file an application for cancellation of bail of the petitioner. 8. This order of ad-interim maintenance granted to the O.P. No.2 is subject to the result of the order passed by competent jurisdiction. Let a copy of the order be sent to the court below.