Madhu Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24476 of 2016 ====================================================== Madhu Kumari Wife of Avnish Kumar@Bablu and Daughter of Late Sahjanand Singh at Present Resident of Village- Bangala road, Premises of Omar Balika High School PS Town Begusarai, District Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Avnish Kumar@Bablu son of late Birendra Roy Permament resident of Village- Rahimpur Naya tola, PS Muffasil, District Khagaria.
3. The Regional Deputy Director Kodarma (Jharkhand)
4. The Principal Raj samposit Uchcha Vidyalaya Basodih, Kodarma (Jharkhand) .... .... Opposite Party/s =================================================== === Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Ashok Kr.Singh(App) =================================================== === CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and the Opposite party No. 2.
It appears that on 21.01.2015, this Court had directed that the petitioner shall deposit a sum of Rs. 1,000/- per month in favour of the opposite party no. 2. However, the said order was modified and clarified vide order dated 18.03.2015 and a direction was issued that the petitioner shall deposit a sum of Rs. 5,000/- per month in favour of the opposite party no. 2. The present modification application has been filed
as the aforementioned amount is not being paid to the present modification petitioner, namely, Madhu Kumari, W/o- Avinash Kumar @ Bablu (opposite party no. 2 in the present application). In view of the fact that the opposite party no. 2 did not care to comply with the order of this court and the condition of the present petitioner and her minor child is pitiable, the Principal, Raj Samposit Uchcha Vidyalaya Basodih, Kodarma (Jharkhand)it is directed to deduct a sum of Rs. 5,000/- (five thousand) per month from the salary of the opposite party no.2, with effect from the date of communication of this order, which should be deposited in the account of the petitioner bearing A/c No. 4741000100026494 of the Punjab National Bank, S.K.M., College, Begusarai Branch having IFSC Code PUNB04744100.
The said amount should be transferred into the account of the petitioner, namely, Madhu Kumari on or before the 8th of each month so that she may not be prejudiced in any manner. However, with regard to the amount which stands due to her, the opposite party no. 2, namely, Avinash Kumar @ Bablu is directed to pay the arrear amount within a period of six months from the date of passing of this order. In case, the said arrear amount is not paid, it shall be open to the petitioner to move the court below for appropriate orders in accordance with law.
With the aforesaid directions and observations, the modification application stands disposed of.
(Anjana Mishra, J) Jagdish/- U T