Sanjay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8704 of 2014 Arising out of P.S. Case No. -3447 Year- 2010 Thana -PATNA COMPLAINT CASE District- PATNA =================================================== Sanjay Kumar Singh S/o Sri Tribhuwan Singh Resident of Mohalla- New Bahadurpur, P.S- Bahadurpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Deep Shikha @ Ruby Devi Daughter of Sri Nityanand Singh Resident of Mohalla- Chitragupta Nagar, Munna Chowk, P.S- Patrakar Nagar, District and Town- Patna. .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Lal Babu Singh, Adv. For the Opposite Party/s: Mr. Ram Chandra Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 06.

01.07.2015 The Opposite Party No. 2 has appeared and it does not appear that there is any scope of settlement. In view of such, provisional anticipatory bail granted to the Petitioner by order dated 03.04.2014 is, hereby, confirmed on the same terms in connection with Complaint Case No. 3447 of 2010 pending before the SubDivisional Judicial Magistrate, Patna. The Petitioner submits that he has filed a petition before the Family Court, Patna that the Opposite Party No. 2 has remarried and, therefore, there is no justification for granting her maintenance.

Be that as it may, the order dated 03.04.2014 is modified to the extent that that the Petitioner need not deposit Rs. 750-/- in the Court below as directed by this

Patna High Court Cr.Misc. No.8704 of 2014 (6) dt.01-07-2015 Court. However, this order shall not come in the way of the Family Court, Patna passing any order on merits with regard to the marital relation-ship or the justification for grant of the maintenance.

With the aforesaid observations, the Application stands disposed off.

Vikash/- (Anjana Prakash, J.) U T