Pankaj Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4711 of 2017 ======================================================

1. Pankaj Kumar Sharma, son of Sri Dinesh Singh @ Dahu Singh, Resident of village- Kormathu, P.S.- Belaganj, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pummy Kumari, daughter of Birendra Sharma, resident of village-Mok, P.S.-Konch, district-Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya, Advocate. For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2017 The instant petition has been filed for modification of the order dated 25.7.2011 passed in Cr. Misc. 21724 of 2011 by a coordinate Bench of this Court.

From the impugned order it appears that the petition has been filed by the petitioner before lower court making prayer that the informant has now married and, hence, she is not entitled for maintenance.

The court below has stated in the impugned order that at this stage the case is posted for charge.

The contention of the petitioner is that the opposite party No. 2 has already married and, therefore, she is not entitled for maintenance.

Considering the facts and circumstances of the case, it

Patna High Court Cr.Misc. No.4711 of 2017 (2) dt.16-02-2017 2/2 appears that it is purely a question of fact which cannot be looked into in a petition under Section 482 Cr. P.C. The application stands dismissed.

(Sanjay Priya, J) S.Ali/- U T