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Judgment
Petitioner has been made accused in connection with Complaint Case No. 241/2013, registered under Sections 498A, 323, 506, 316, 149, 379, 341, 342 of the I.P.C. and Section 3 & 4 of Witch Craft Act and Section 3 / 4 of Dowry Prohibition Act, lodged on the basis of one complaint case filed by Manju Devi, opposite party no. 2.
It appears that the instant bail application was filed on 27.05.2016 and on 28.05.2016, petitioner was granted provisional bail till 24.08.2016 and notices were issued to opposite party no. 2. Pursuant thereto, both the parties have appeared on 01.08.2016 and the matter was referred to Mediation Centre and petitioner was directed to pay ad interim maintenance of Rs. 1,500/- from August, 2016, but it appears that mediation between the parties has failed and also petitioner failed to deposit the aforesaid amount. Thereafter, the petitioner surrendered in the trial court on 25.10.2016 and now the regular bail application of the petitioner will be heard on merit.
Learned counsel for the petitioner has submitted that petitioner has sufficiently been punished and he has remained in custody for some time. So, he deserves the privilege of regular bail.
Learned counsel for the opposite party no. 2 has opposed the prayer for bail.
It is submitted by learned counsel for the petitioner that petitioner has paid Rs. 1,500/- in August, 2016.
Be that as it may, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Giridih, in connection with Complaint Case No. 241 of 2013, corresponding to T.R. No. 1188 of 2015 on the condition that from the month of November, 2016, petitioner will pay ad interim maintenance to opposite party no. 2 @ Rs. 500/- per month. He will deposit the ad interim maintenance of November, 2016 on the date of furnishing bail bond. Further, the ad interim compensation of December, 2016 onwards will be paid latest by 15th day of English Calender of every month. If he defaults to make payment of ad interim compensation of Rs. 500/- for the two successive months, it shall be open for the opposite party no. 2 to file an application for cancellation of bail of the petitioner.
After deposition of ad interim maintenance, the opposite party no. 2 will appear before the trial court and file application for withdrawal of aforesaid amount.
The aforesaid amount of ad interim compensation is subject to result of maintenance passed by competent jurisdiction. Till disposal of the case, petitioner shall deposit the ad interim maintenance.
Further, opposite party no. 2 is directed to appear before the Secretary, DLSA, Giridih, who will take steps and get the account of the opposite party no. 2 opened in the nationalized bank and submit a report to this Court.
Let a copy of order be communicated to the trial court and also to the Secretary, DLSA, Giridih.