Achchal Kumar @ Achal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19257 of 2022 In CRIMINAL MISCELLANEOUS No.35828 of 2016 Arising Out of PS. Case No.-79 Year-2015 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== ACHCHAL KUMAR @ ACHAL SHARMA s/o- Rajesh Sharma Resident of Village - Marar,P.S. - Morkahi, District - Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khusbu Kumari Wife of Achchal Sharma @ Achal Kumar, D/o- Hareram Tanti Resident of Village - Hariharpur, P.S. - Allali, District - Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subesh Sharma, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2023 Despite valid service of notice, nobody appears on behalf of the opposite party No. 2.

2. This application has been filed for modification of order dated 30.03.2017 passed in Cr. Misc. No. 35828 of 2016.

3. It is submitted that earlier, anticipatory bail was granted to the petitioner vide order dated 30.03.2017 passed in Cr. Misc. No. 35828 of 2016 whereby petitioner was directed to pay Rs. 2,000/- (two thousand) per month as maintenance allowance to the opposite party No. 2. He submits that petitioner has obeyed the aforesaid order ever since but during pendency of the case, opposite party No. 2 has already solemnized second

Patna High Court CR. MISC. No.19257 of 2022(6) dt.09-08-2023 2/2 marriage with one Vikesh Kumar, R/o- Begusarai. On this ground, learned Principal Judge, Khagaria dismissed the claim of maintenance sought by opposite party No. 2 vide order dated 07.12.2021 passed in Maintenance Case No. 28 of 2016 (Annexure '2' to the petition). Accordingly, learned counsel for the petitioner requests for necessary correction in the order.

4. In view of aforesaid fact and circumstances, now petitioner is not required to pay maintenance to the opposite party No. 2 in light of the fact that she has already solemnized second marriage with one Vikesh Kumar, R/o- Begusarai, the fact which has already been proved in the Maintenance Case No. 28 of 2016 vide order dated 28(m) of 2016 passed by Principal Judge, Khagaria.

5. Accordingly, this modification petition is allowed and order dated 30.03.2017 passed in Cr. Misc. No. 35828 of 2016 is modified to the above extent.

(Prabhat Kumar Singh, J) Navya/- U T