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Budhram Lohra vs The State of Jharkhand

Jharkhand High Court · Decided on 5 May 2017 · Citation: (2017) 05 JH CK 0011

HON’BLE JUDGES
Anant Bijay Singh
CASE NUMBER
1088 of 2017
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Judgment

8 paragraphs · 394 words
1.

It appears that earlier A.B.A No. 2667 of 2016 has been filed by the petitioner and under dated 28.03.2017, the petitioner was granted bail, subject to the condition that petitioner will pay Rs.5,000 to the minor son, namely, Rahul aged about 14 years from March, 2017 till disposal of the case.

2.

It is submitted that petitioner is ready to deposit the aforesaid amount in the court below but the court below has denied to accept his bail bonds and directed him to deposit the amount in the personal account of minor son-Rahul. It is further submitted that his minor son-Rahul is a student of Don Bosco School, Sikkim and during said period he was appearing in final board examination of Xth Class and his last exam was on 17.04.2017. As per last talk with his minor son he was ready to come on 22.04.2017 to open his account but the O.P. No.-mother of Rahul is not allowing his son-Rahul to talk with the petitioner. Hence he could not surrender within the stipulated time.

3.

The present Cr.M.P. Has been filed for extension of further time for surrender in the court below.

4.

In view of the statement made in para-3 and 4 of the said application, the same is allowed and the order dated 28.03.2017 is modified to the extent that four weeks further time is extended from today for surrender of the petitioner in the court below.

5.

Further, petitioner is directed to appear in the court below and deposit Rs.5,000/- per month from March, 2017 in the court below and the court below is directed to accept the same. Thereafter, the court below shall issue notice to the O.P. No.2 and her minor son-Rahul and on their appearance and on proper verification shall release the aforesaid amount in their favour.

6.

If petitioner defaults to make payment of Rs.5,000/- per month to his minor son-Rahul 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.

7.

It further appears that the minor son-Rahul of the petitioner is a student and studying in Sikkim, this Court directs the O.P. No.2-mother of Rahul to withdraw the amount so deposit in favour of her minor son Rahul.

8.

Let a copy of this order be communicated to the court below.