Umesh Prasad Chaurasia v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6779 of 2016 ======================================================
1. Umesh Prasad Chaurasia son of Shivcharan Bhagat, resident of VillageBhawanipur, Police Station- Srinagar, (Pujaha), District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Dhanwanti Devi wife of Umesh Prasad Chaurasia, daughter of Harihar Prasad Chaurasia, resident of Village- Beldarwa, P.S.- Adapur, DistrictWest Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad For the Opposite Party/s : Mr. Karandeep Kumar For the State : Mr. U.L. Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of opposite party No. 2. This application for modification has been filed to modify the terms in the order passed by this Court in Cr. Misc. No. 21043 of 2014 dated 25.11.2014.
Learned counsel for the petitioner submits that, though he is paying maintenance to the opposite party No. 2, yet a further direction has been issued by this Court calling upon the petitioner to pay a further amount of rupees fifteen hundred. He thus seeks modification of the condition fixed by this Court to pay a further amount of rupees fifteen hundred and has annexed photostat copy of the orders passed by the Court below in favour of the opposite
Patna High Court Cr.Misc. No.6779 of 2016 (4) dt.29-08-2016 P2/2 party No. 2. However, after perusal of all the documents annexed by the petitioner and the submission advanced by the learned counsel appearing on behalf of opposite party No. 2, no amount whatsoever has been given to the opposite party No. 2 for her sustenance and that even the maintenance amount which was due to her, has not been paid to her till date.
In view of the above, I am not inclined to modify the terms in the order dated 25.11.2014 passed in Cr. Misc. No. 21043 of 2014. The application for modification is thus rejected. (Anjana Mishra, J) Saif/- U T