Arun Kumar @ Arun Turi vs The State of Jharkhand

Pursuant to order dated 21.10.2016, both the parties are physically present before this court.

It appears that by order dated 21.10.2016 petitioner was directed to pay ad interim maintenance to O.P. No.2 @ Rs. 7,000/- per month from September,2016.

Today, when the case is called out, learned counsel for the O.P. No.2 submitted that O.P. No.2 is suffering from stone in her gall bladder and the doctor M. Prasad suggested her for operation and the cost of operation will be Rs.24,860/-.

Learned counsel for the petitioner submitted that petitioner has deposited the entire amount from the period of September,2016 to January,2017. Learned counsel for the O.P. No.2 submitted that she has received the amount of three months and she will withdraw the remaining amount.

An interlocutory application being I.A. No. 7274 of 2016 has been filed on behalf of O.P. No.2 stating there in that she has consulted Dr.M. Prasad and the doctor has operated her gall bladder and the expense incurred to the tune of Rs. 24,860/-.

Under the aforesaid circumstances, both the parties are directed to appear before the Chief Judicial Magistrate, Dhanbad day after tomorrow I.e 16.02.2017 and if O.P. No.2 produce original medical prescription regarding expensed in her operation, then petitioner is directed to reimburse the amount of Rs. 24,860/- by handing over cheque or draft in the name of O.P. No.2.

Further the learned Chief Judicial Magistrate, Dhanbad is directed to get the account of O.P. No.2 be opened in any nationalized bank under the Prime Minister''s Jan Dhan Yojna with the help of Secretary, DLSA, Dhanbad and the petitioner is also directed to transmit ad interim compensation of Rs.7,000/- per month for the month of February,2017 and March,2017 latest by 27.03.2017 in the newly opened account of the O.P. No.2 and further directed to remit the compensation amount from April,2017 onward latest by 20th day of English Calendar. If petitioner defaults to make payment of ad interim maintenance for two successive months, it shall be open for the O.P. No.2 to file an application for cancellation of bail of the petitioner. The ad interim maintenance will be subject to any maintenance order that may be passed by the court of competent jurisdiction. The ad interim maintenance will be paid till the disposal of the case.

The petitioner is apprehending his arrest in connection with C.P. Case No. 2714/2015, the case registered under Sections 498A of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence, whatsoever she is innocent and she was not present in the house of the deceased at the place of occurrence.

Learned A.P.P opposed the prayer for bail.

Considering the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within three weeks from the date of this order 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 C.J.M.,Dhanbad in connection with C.P. Case No. 2714/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let a copy of this order be communicated to the trial court through FAX.

Let a copy of this order be also handed over to learned counsel for the O.P. No.2.