Rupesh Raushan vs State Of Jharkhand And Ors

Heard the parties.

This criminal miscellaneous petition has been filed to modify the order dated 10.07.2019 passed in A.B.A. No.2860 of 2019 by which the bail was

granted to the petitioner, subject to the condition that he will take the opposite party no.2 to his house and will keep and maintain the opposite party

no.2 with full dignity and honour as his lawful wife.

It is submitted by the learned counsel for the petitioner that after passing of the order, the petitioner tried to contact with his wife and his father-in-law

but nobody picked up his phone and neither replied to his messages nor replied to his mails and when he went to his in-laws house for taking his wife,

he was informed that nobody was there in the house since morning.

Learned counsel for the opposite party no.2 submits that in view of the changed circumstances the opposite party no.2 is not ready and willing to

resume conjugal life with the petitioner but the petitioner who is present in the Court today submits that he is still ready and willing to resume conjugal

life with the opposite party no.2 and is also ready and willing to pay Rs.17,25,000/- as ad interim victim compensation to the opposite party no.2.

Considering the aforesaid facts, the operative portion of the order dated 10.07.2019 passed in A.B.A. No.2860 of 2019 is substituted as follows by

way of modification :-

“Accordingly, the petitioner is directed to surrender in the Court of learned J.M. 1st Class, Dhanbad within one month from today and in the event

of his arrest or surrendering, he will be enlarged on bail provisionally for a period of one month from the date of his surrender on depositing a demand

draft of Rs.3,25,000/- drawn in favour of the informant namely Shipra Rumani and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with

two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad in connection with Sindri (Gaushala Outpost) P.S. Case

No.69 of 2018 (Complaint Case No.2772 of 2018) with the condition that he will co-operate with the investigation of the case and appear

before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an

undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure. In case the petitioner deposits another demand draft of Rs.2,80,000/-within the period for which the

provisional bail is granted, then the provisional bail shall be extended for further one month from the date of his deposit by the trial court. Accordingly,

on depositing of each demand draft of Rs.2,80,000/- drawn in favour of the informant namely Shipra Rumani, the provisional bail granted to the

petitioner shall be extended for a period of one month and on the petitioner depositing the last demand draft of Rs.2,80,000/- drawn in favour of the

informant namely Shipra Rumani thereby completing payment of the total amount of Rs. 17,25,000/- on or before five months of the date of his

surrender in the learned court below, the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case.

It is made clear that in case of failure of the petitioner to deposit any of the installments, the provisional bail granted to the petitioner will be cancelled

and the trial court will take appropriate steps for his apprehension for facing the trial.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant- Shipra Rumani

and hand over the said demand drafts to her, after proper identification.

In case, the said amount is received by the informant, the same shall be adjusted with respect to the maintenance in any present or future proceeding

between the parties or final settlement between the parties, if and when the same takes place.â€​