Dinesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24175 of 2017 ====================================================== Dinesh Kumar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-09-2017 Heard the parties.

The petitioner is husband of opposite party no. 2 Indu Devi. The petitioner was granted anticipatory bail by this Court on 27.04.2017 in Cr. Misc. No. 18588/2017 in connection with Patna Mahila P.S. Case No. 01/2017 with condition that the petitioner would pay Rs. 4,000/- as interim maintenance to opposite party no. 2.

Submission of learned counsel for opposite party no. 2 is that she is mother of two minor children. The modification application has been filed for reducing the maintenance amount up to Rs. 2,000/- on the ground that the petitioner has no paying capacity.

After hearing the parties and considering the fact that the said amount was fixed as minimum one because it is not possible that a person would feed himself for a month in Rs.

Patna High Court Cr.Misc. No.24175 of 2017 (3) dt.06-09-2017 2/2 2,000/-, I find that there is no need for modification of the same. Accordingly, prayer for modification is dismissed. (Birendra Kumar, J.) Rakhi U