Divya Pratap Singh Dev @ Div Pratap Singh Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17089 of 2019 In CRIMINAL MISCELLANEOUS No.40650 of 2017 Arising Out of PS. Case No.-161 Year-2016 Thana- BAHADURPUR District- Patna ====================================================== DIVYA PRATAP SINGH DEV @ DIV PRATAP SINGH DEV Son of Ashok Kumar Singh Resident of Mohalla- Sandalpur, Devi Asthan, P.S.- Bahadurpur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanjay Kumar Son of Shree Suresh Mahton Resident of Bazar Samiti, Sandalpur, P.S.- Bahadurpur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner. The present petition has been filed for modification of order dated 12.01.2018 passed in Cr. Misc. No. 40650/2017 to the extent that in terms of memorandum of agreement entered into between the parties, petitioner is willing to pay the installment of February, 2019 along with July, 2019, i.e. Rs. 10 lacs.

Learned counsel for the petitioner has submitted that in the month of February, 2019, mother of petitioner died due to cancer and petitioner was not in position to pay the installment.

Patna High Court CR. MISC. No.17089 of 2019(2) dt.27-03-2019 2/2 Learned counsel for the petitioner has submitted that petitioner will make payment of installment of February, 2019 along with installment of July, 2019, total Rs. 10 lacs on 15th of July. It is further submitted that petitioner will make payment of the last installment in the months of December, 2019.

The order dated 12.01.2018 passed in Cr. Misc. No. 40650/2017 is modified to the extent that petitioner will will make payment of installment of February, 2019 along with installment of July, 2019, i.e. total Rs. 10 lacs. The modification petition is accordingly allowed. (Sanjay Priya, J) rakhi/- U T