Neeraj Kumar Shahu vs State Of Jharkhand And Ors

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

This criminal miscellaneous petition has been filed by the petitioner with a prayer for modification of the order dated 05.11.2020 passed in A.B.A. No.3651 of 2020.

It is submitted by the learned counsel for the petitioner that vide order dated 05.11.2020 passed in A.B.A. No.3651 of 2020, the petitioner was given the privileges of anticipatory bail with the condition that he will keep and maintain the opposite party No.2 with full honour and dignity as his lawful and will keep paying Rs.10,000/- per month to her from the date of his surrender during the pendency of the case as monthly ad interim victim compensation. Learned counsel for the petitioner submits that as mentioned in para-15 of the instant petition, order dated 05.11.2020 passed in A.B.A. No.3651 of 2020 be modified to the extent that the petitioner be exempted from keeping and maintaining the opposite party No.2 with full dignity and honour and with further exemption that he would not pay Rs.10,000/- per month to the opposite party No.2 from the date of his surrender. Hence, it is submitted that the order dated 05.11.2020 passed in A.B.A. No.3651 of 2020, be modified accordingly.

Learned Addl.P.P. appearing for the State opposes the prayer. Perusal of the record reveals that admittedly the opposite party No.2 is the wife of the petitioner and admittedly a valid marriage was solemnized between the petitioner and the opposite party No.2 and the petitioner was given the privileges of anticipatory bail upon his undertaking to pay Rs.10,000/- per month to his wife with a further undertaking to keep and maintain her with full honour and dignity as his lawful wife. It appears that the petitioner, after getting the privileges of anticipatory bail, wants to go back from his promise. It is the duty of a Hindu husband to keep and maintain his wife with full honour and dignity but even that obligation the petitioner does not want to discharge.

Considering the aforesaid facts, this Court is of the considered view that there is no justifiable reason to interfere with the order dated 05.11.2020 passed in A.B.A. No.3651 of 2020.

Accordingly, this petition, being without any merit, is dismissed. This criminal miscellaneous petition is disposed of accordingly.