Rajesh Paswan vs The State of Jharkhand & Anr.

Cr. Appeal (DB) No.362 of 2007

The petitioner is apprehending his arrest in connection with Godda (Mahila) P.S. Case No. 06 of 2016, corresponding to G.R. No. 248 of

2016 for the offence under section 498A and 494/34 of the Indian Penal Code and under section 3/4 D.P. Act.

It appears that on 02.08.2017 a detailed order was passed and the petitioner was admitted anticipatory bail and the petitioner was directed to

pay Rs. 7,000/as ad interim maintenance to the O.P. No. 2 from the month of August, 2017 . Further, the O.P. NO. 2 was directed to furnish her

bank account number before the Court below on the date of her appearance and further court below was directed to ensure that the ad interim

maintenance @ Rs. 7,000/per month from September, 2017 be transmitted directly in the account of O.P. NO. 2 latest by 25th day of English

Calender of every month till the disposal of the case case and further condition was that if the petitioner defaults to pay the ad interim maintenance

for two successive months, then it was open to the O.P. No. 2 to file an application for cancellation of bail of the petitioner.

It appears that under order dated 13.10.2017, fresh report was called from the court of learned C.J.M, Godda.

Office note dated 02.01.2018 reveals that required report has been received.

Report dated 08.11.2017 submitted by Sri Rajesh Sinha, learned Chief Judicial Magistrate, Godda reveals that entire interim maintenance

amount deposited till the month of August, 2017 by petitioner namely, Rajesh Paswan in the Court has been released in favour of O.P. NO. 2

namely Anajani Devi. Thereafter, the petitioner has been provided with the bank account number of Anjani Devi so that he can deposit the interim

maintenance amount in the said account number of Anjani Devi directly from September onward.

Today, nobody appeared on behalf of the parties.

It appears that learned C.J.M has failed to understand order dated 02.08.2017 of this Court whereby it has been cast upon to the learned Trial

Court to ensure that the ad interim maintenance @ Rs. 7,000/per month from September, 2017 be transmitted directly in the account of O.P. NO.

2 latest by 25th day of English Calender of every month till the disposal of the case case and further condition was that if the petitioner defaults to

pay the ad interim maintenance for two successive months, then it was open to the O.P. No. 2 to file an application for cancellation of bail of the

petitioner.

The report dated 08.11.2017 submitted by learned C.J.M, Godda, is hereby rejected and learned C.J.M, Godda is directed to submit further

fresh report as to whether the petitioner has complied the order dated 02.08.2017 passed by this Court or not, whether ad interim maintenance @

Rs. 7,000/per month from September, 2017 onward was transmitted directly in the account of O.P. NO. 2 or not.

The required report must be submitted to this Court within eight weeks.

List this case after eight weeks.

Let a copy of this order be communicated to the Court of C.J.M, Godda through FAX at once.