Nemchand Baskey vs The State of Jharkhand & Anr

The petitioner is apprehending his arrest in connection with C.P. Case No.366/2015, the case registered under Sections 323/ 379/ 506/ 498A/

34 of the Indian Penal Code.

It appears that under order dated 25.08.2017 petitioner was directed to pay Rs.3,500/- per month to O.P. No.2 as ad interim maintenance

from the month of August, 2017.

Today when the case is called out, learned counsel for the petitioner has submitted he has already paid the ad interim maintenance amount of

Rs.3,500/- per month till December, 2017 and he is also ready to abide with the terms, if any, as a condition of bail.

Considering the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below on 24.01.2018 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 J.M.,1st Class, Bokaro, in connection with C.P. Case

No.366/2015, 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.3,500/- to O.P. No.2 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 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.

iii.The court below is directed to ascertained as to whether O.P. No.2 has any bank account or not and if she has no bank account then the court

below is directed to get an account of O.P. No.2 be opened in any nationalized bank with the help of Secretary-cum-Coordinator, DLSA,

Bokaro

iv. The court below is directed to ensure that the petitioner must remit the ad interim maintenance of Rs.3,500/- 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.

v. 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.

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

vii. 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.