Nitin Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17333 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- CIVIL LINE District- Gaya ====================================================== NITIN LAL Son of Ashok Kumar Lal Resident of Village - New Godown Punjabi Colony, P.O.- New Godowan, P.S.- Kotwali, Distt.- Gaya.(Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Kumari D/o Shri Sambhu Prasad , W/o Nitin Lal Resident of Village - Mohalla - New Godown, Punjabi Colony, P.O. - New Godwan, P.S.- Kotwali, Distt.- Gaya, Also Resedent of Purana Petrol Pump, Mohalla Marwati, P.O. and P.S.- Chatra, Distt.- Chatra (Jharkhand). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr. Shailesh Kumar Ms. (Dr.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2022 Heard the parties.

The Mother-in-law and the father-in-law of the opposite party No. 2 has offered to pay Rs. 10,000/- (Rupees Ten Thousand) as interim maintenance to the opposite party No.

2. This maintenance amount will be subject to any order of any Court in the maintenance matter.

The petitioner has already surrendered.

In that view of the matter, the petition has become infructuous.

However, the undertakings shall bind the mother-inlaw (Asha Lal) and father-in-law (Ashok Kumar Lal).

Patna High Court CR. MISC. No.17333 of 2021(8) dt.04-04-2022 2/2 Any default shall be considered as contempt of Court. This Court observed that this is a matrimonial dispute and while considering the regular bail application of the petitioner, the Court below shall consider the fact that now the petitioner's family has agreed to pay an interim maintenance of Rs. 10,000/- (Rupees Ten Thousand) per month during the pendency of the maintenance case. The Court below shall also consider the law laid down in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 while considering the regular bail of the accused persons who have been taken into custody.

This Court appreciates the role played by Mr. P.C. Jha, learned Advocate for the petitioners.

(Sandeep Kumar, J) Saif/- U T