Arun Kumar @ Guddu @ Arun Mahaseth Vs The State of Jharkhand

Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in connection with Sadar P.S. Case No. 30 of 2016, corresponding to G.R. No. 330 of 2016 for the offence registered under sections 498A, 494, 504 of the Indian Penal Code and under section 3 / 4D .P. Act.

It appears that on 18.01.2017, both the parties were physically present before the Court and this court tried to explore the possibility of reconciliation between the parties, but from perusal of paragraphs no. 19 & 20 of the case diary, which revealed that the petitioner has second wife in that view of the matter there was no possibility of reconciliation and the matter was directed to be heard on merit.

It appears that the petitioner is the husband of the O.P. No. 2 and on query made by this Court, it has been disclosed by the counsel for the petitioner that the petitioner is dumper driver and his monthly income is about six thousand. It has been submitted by the counsel for the petitioner that petitioner is ready for re-union. It has been submitted by the counsel for the O.P. No. 2 that O.P. No. 2 has one child.

In this circumstances, petitioner is directed to pay Rs. 2,000/- to O.P. No. 2 and Rs. 5,00/- for her child per month from the month of January, 2017 till disposal of the case.

(a) The petitioner is directed to deposit the arrears as interim maintenance before the Trial Court from January, 2017 to March, 2017 (total Rs. 7,500/-) before the Court below on the date of his surrender.

(b) Further the informant is directed to appear through learned counsel and file application before the Trial Court and the Trial Court after proper verification release the said amount in her favour.

(c) Further the O.P. No. 2 is directed to furnish her bank account number before the trial court, and if she has no bank account, the trial court in association with Secretary, D.L.S.A, Palamau at Daltonganj is directed to get the account of the O.P. No. 2 be opened in any nationalized bank under Pradhanmantri Jan Dhan Yojna and the trial court will ensure that from the month of April, 2017, the interim maintenance given by the petitioner will directly go in the bank account of the O.P. No. 2.

(d) The petitioner is directed to pay the said amount on or before 20th day of every month.

(e) If the petitioner fails to deposit the aforesaid amount for two consecutive months, the informant is at liberty to file application for cancellation of bail of the petitioner before this Court through learned counsel.

(f) Deposition of amount as interim maintenance would be subject to result of any order passed by the competent court of jurisdiction.

In view of above, the petitioner is directed to surrender in the Court below within five 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 the court of learned C.J.M, Palamau at Daltonganj, in connection with Sadar P.S. Case No. 30 of 2016, corresponding to G.R. No. 330 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let a copy of this order be communicated through ''FAX'' to the concerned Court as well as to the Secretary, D.L.S.A, Palamau at Daltonganj.