Mukesh Pradhan vs The State of Jharkhand & Anr

The petitioner is apprehending his arrest in connection with Kadma P.S. Case No. 20/2017 corresponding to G.R. No. 127/2017, the case

registered under Sections 323/498A/ 406/34 of the Indian Penal Code.

It appears that under order dated 20.03.2017 notice was issued to O.P. No.2 for her appearance for reconciliation of the matter through the

process of mediation.

Further the petitioner was directed to pay Rs.7,000/- per month to O.P. No.2-Soma Pradhan as ad interim maintenance from the month of

April, 2017 and under order dated 20.09.2017 with the consent of the parties the matter was referred to Secretary, JHALSA, Ranchi.

Perused the report of the Mediator dated 20.11.2017 which reveals that the mediation is failed and under order dated 19.12.2017 the matter

was directed to be listed on 04.01.2018 to be heard on merit.

Today when the case is called out, learned counsel for the petitioner has submitted that he is ready to re-union with O.P. No.2 and he has

already paid the ad interim maintenance amount of Rs.7,000/- per month till December, 2017 and he is also ready to abide with the terms, if any,

as a condition of bail.

Learned counsel for the O.P. No.2 has submitted that the ad interim maintenance amount may be enhanced.

Considering the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below on 29.01.2018 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. 15,000/-

(Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamshedpur, in connection with Kadma P.S.

Case No. 20/2017 corresponding to G.R. No. 127/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to

the further conditions as follows:-

i. Petitioner is directed to deposit the maintenance amount of Rs.7,000/- to O.P. No.2- Soma Pradhan for the month of January, 2018 in the court

below on or before the date of his surrender.

ii. On deposit of the aforesaid amount, O.P. No. 2- Soma Pradhan shall appear before the court below and file application through her learned

counsel, thereafter, on her appearance and on proper verification, the court below will release the aforesaid amount in favour of the O.P. No.2-

Soma Pradhan.

iii. The O.P. No.2-Soma Pradhan is directed to furnish her bank account in the court below and the court below is directed to ensure that the

petitioner must remit the ad interim maintenance of Rs.7,000/- per month from February, 2018 onwards directly in the bank account of O.P. No.2

latest by 25th day of every month of English Calender.

iv. 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 and

application for cancellation of bail of the petitioner.

v. The ad interim maintenance will be subject to any order that will be passed by the court of competent jurisdiction.

vi. The ad interim maintenance will be paid till the disposal of the case.

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