Anju Devi vs The State Of Jharkhand
2021 Latest Caselaw 3252 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

           (CRIMINAL MISCELLANEOUS JURISDICTION)
                     Cr. M. P. No. 1471 of 2020

        Anju Devi                                ...... Petitioner
                                    Versus
        1.The State of Jharkhand
        2.Anil Prasad Yadav                     ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conference)

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     For the Petitioner       : Mr. Syed Tafazzul Sajid, Advocate
     For the State            : Mr. Shekhar Sinha, P.P.

For the O.P. No.2 : Mr. Manoj Kr. No.2. Advocate

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08/Dated: 03/09/2021:

Heard, learned counsel for the parties.

The counter-affidavit has been filed on behalf of O.P. No.2- Anil Prasad Yadav whereby it has been stated that in compliance of the order passed by this Court, Rs.5,000/- monthly has been deposited in the account of the petitioner, but subsequently petitioner, Anju Devi has filed Maintenance Case vide Original (Maintenance Case) No.119 of 2018, under Section125 Cr.P.C. before the court of learned Principal Judge, Family Court, Garhwa and the same has been allowed vide judgment dated 24.06.2019 in favour of the petitioner as the learned Family Court granted monthly allowance @ Rs.8,000/- per month from the date of application to the wife, as such, this amount may be incorporated with the condition of the bail whereby Rs.5,000/- per month was directed to be deposited in favour of the petitioner.

Learned counsel for the petitioner has submitted that amount has not been paid in terms of order dated 28.03.2019 passed in A.B.A. No.6054 of 2018.

However, from perusal of para 5 of the counter-affidavit, it appears that O.P. No.2- Anil Prasad Yadav has opened P.P.F. account in the name of his wife, Anju Devi at State Bank of India, Main Branch, Garhwa being Account no.40080983962 and through cheque in the name of petitioner, Rs.5,000/- dated 22.04.2019, 24.05.2019 and 24.06.2019 respectively has been

deposited and thereafter Rs.50,000/- has been transferred on 16.06.2020 through Google payment in the name of his wife and thereafter Rs.20,000/- has been deposited on 19.03.2021. The said account shall be operated by Anju Devi, the petitioner for withdrawal. The Opposite Party No.2, Anil Prasad Yadav can deposit the amount but he cannot withdraw the same. However, the maintenance amount passed by the learned Family Court, awarding @ Rs.8,000/- per month from the date of filing of the maintenance case shall be adjusted by incorporating Rs.5,000/-. Petitioner, Anju Devi is at liberty to deposit Rs.5,000/- in her P.P.F. account or she may take Rs.8,000/- in her own SBI account by not depositing any amount in P.P.F. account, but for that she has to file an affidavit before the court below.

Accordingly, the instant petition is disposed.

(Kailash Prasad Deo, J.) R.S