Bankatesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32612 of 2019 In CRIMINAL MISCELLANEOUS No.9196 of 2014 Arising Out of PS. Case No.-19 Year-2013 Thana- MAHILA P.S. District- Patna ====================================================== BANKATESH KUMAR Son of Kaushal Kishore Resident of Mohalla - A. P. Colony, Quarter No. 437, P.S.- Rampur, District - Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sheweta Kumari Wife of Bankatesh Kumar Daughter of Bhuneshwar Prasad Singh, Resident of V-3, Vidyapur, P.S.- Patrakar Nagar, Kankarbagh, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP For the O.P. No. 2 :

Mr. Sri Krishna Prasad Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-08-2021 Heard Mr. Arvind Kumar Mouar, learned Advocate for the petitioner and Mr. Krishna Prasad Singh, learned Senior Advocate for the opposite party no. 2. The State is represented by Mr. Chandra Sen Prasad Singh, learned APP.

This application has been filed for modifying the order dated 04.02.2015 passed in Cr. Misc. No. 9196 of 2014.

The petitioner was allowed provisional bail by

Patna High Court CR. MISC. No.32612 of 2019(11) dt.02-08-2021 2/3 order dated 24.04.2014 which was confirmed by the aforenoted order dated 04.02.2015. However, the petitioner was directed to make a payment of Rs. 7000/- per month to opposite party no. 2.

The learned counsel for the petitioner has informed this Court that in a separate proceeding for maintenance, the Family Court has awarded a maintenance of Rs. 7000/- per months to opposite party no. 2.

In that event, only one order with respect to such payment would be effective and the petitioner had been regularly making payment of the aforesaid amount towards the monthly expenses of opposite party no. 2. However, in the meanwhile, a permanent/one time settlement was arrived at between the spouses and the petitioner has deposited an amount of Rs. 11 lakhs towards all the matrimonial dues of opposite party no. 2. It has also been agreed upon between the parties that no further claim with respect to monthly maintenance

Patna High Court CR. MISC. No.32612 of 2019(11) dt.02-08-2021 3/3 shall be made after the payment of the agreed amount in lump-sum.

The aforesaid contention of the learned counsel for the petitioner is confirmed by the learned Senior Advocate appearing for opposite party no. 2.

The order dated 04.02.2015 passed in Cr. Misc. No. 9196 of 2014 is, therefore, modified to the extent that now the petitioner would not be required to pay any monthly amount to opposite party no. 2.

The application stands allowed.

The order dated 04.02.2015 is modified accordingly.

(Ashutosh Kumar, J) krishna/- U T