Patna High CourtCR. MISC./14306/2019allowed

Akali Rai @ Amar Nath Bharti v. The State Of Bihar

2019-05-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14306 of 2019 In CRIMINAL MISCELLANEOUS No.6551 of 2014 Arising Out of PS. Case No.-174 Year-2012 Thana- SABAUR District- Bhagalpur ====================================================== AKALI RAI @ AMAR NATH BHARTI Son of Barun Rai Resident of Village-Ghiya, P.S-Goradih, Dist.-Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-05-2019 This case has been filed for modification of order dated 19.04.2014 passed in Cr. Misc. No.6551 of 2014, by which the provisional anticipatory bail has been granted to the petitioner with direction to pay Rs.750/- per month to the O.P.no.2 Submission of the learned counsel for the petitioner is that after this order in a case filed by O.P.no.2 for maintenance, the learned Family Court has directed to pay interim maintenance of Rs.3,000/- per month, vide order dated 24.9.2018 passed in Matrimonial Case No.31 of 2013 and on that he is paying Rs.3,000/- per month, as such the order for payment of Rs.750/- vide order dated 19.4.2014 passed in Cr. Misc. No.6551 of 2014 be recalled.

Patna High Court CR. MISC. No.14306 of 2019(4) dt.14-05-2019 2/2 Heard learned APP and the learned counsel for the O.P.no.2. They have admitted that there is an order for payment of interim maintenance by the Family Court.

Having heard both sides and in view of the facts and circumstances, order dated 19.4.2014 passed in Cr. Misc. No.6551 of 2014 is modified to the extent that the direction of payment of Rs.750/- to the O.P.no.2 is recalled on the condition that the petitioner will continue to pay Rs.3,000/- per month as directed by the learned Family Court as interim maintenance, otherwise the O.P.no.2 is at liberty to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) chn/- U