Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33906 of 2024 In CRIMINAL MISCELLANEOUS No.8979 of 2022 Arising Out of PS. Case No.-623 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ranjan Kumar Son Of Ramji Prasad Resident Of Old Parsa Bazar, Rqahimpur, P.S. - Parsa Bazar, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarita Devi Daughter Of Ramjee Prasad Resident Of Old Parsa Bazar, Rahimpur, P.S. - Parsa Bazar, District - Patna, At Present Resident Of Khapairali Chak, P.S. - Parsa Bazar, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Raj, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2024 This application has been filed for modification of order dated 04.08.2022 passed in Cr. Misc. No. 8979 of 2022 with regard to exempt the petitioner to pay the maintenance amount of Rs. 5000/- per month to the opposite party no. 2 on the ground that during pendency of the case, Opposite Party No. 2 has contracted second marriage.

2. Learned A.P.P. for the State opposed the modification petition and submits that the assertion of the petitioner is not supported by any evidence and on this ground, modification application cannot be allowed.

3. Heard learned counsels for the parties.

Patna High Court CR. MISC. No.33906 of 2024(2) dt.19-07-2024 2/2

4. The assertion of the petitioner that the opposite party no. 2 has contracted second marriage is not supported by any evidence and the same can only be proved during trial after adducing evidence. At this stage, order dated 04.08.2022 passed in Cr. Misc. No. 8979 of 2022 cannot be modified on that ground. Accordingly, the modification application is dismissed. (Prabhat Kumar Singh, J) utkarsh/- U T