Patna High CourtCR. MISC./51748/2016disposed

Santosh Sahni And ANR v. State Of Bihar And ANR

2017-05-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51748 of 2016 ====================================================== Guria Kumari W/o Santosh Sahni.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Santosh Sahni

3. Mantosh Kumar @Mantosh Sahni son of Sagar Sahni R/o vill-Garjaul Paharpur P.S.-Mahua, Dist. Vaishali.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2017 The present application has been filed for modification of the order dated 27.10.2016 passed in Cr. Misc. No. 22674 of 2016 to the extent that the amount of one time settlement has been mentioned as Rs. 25,000/- instead of Rs. 1,25,000/-.

Learned counsel for the opposite party nos. 2 and 3 particularly husband Santosh Sahni does not controvert the contention of the learned counsel for the petitioner. A joint affidavit has been filed on 03.05.2017 to the effect that the husband Santosh Sahni, the opposite party no. 2 has already paid Rs. 25000/- to the petitioner Guria Kumari, through Bank Draft on 24.11.2016 and he will pay remaining amount of Rs. 1 lakh within a period of six months. A statement

Patna High Court Cr.Misc. No.51748 of 2016 (4) dt.03-05-2017 2/2 to that effect has been made in para 3 of the joint affidavit which reads as follows :

"That the opposite party no. 2 (husband) shall pay the rest amount of Rs. 1,00,000/- (Rs. One lac only) within a period of six months to the petitioner (wife) through Demand Draft." In the circumstances, the order dated 27.10.2016 passed in Cr. Misc. No. 22674 of 2015 is modified to the extent that the quantum of settlement amount be read as Rs. 1,25,000/- in stead of Rs. 25000/- and the provisional bail granted to the petitioner is extended till 30 of the November 2016. The provisional bail of the opposite party no. 2 Santosh Sahni will be confirmed by the learned court below on submission of substantial proof with regard to payment of Rs. 1,25,000/-. The application stands disposed of.

(Dinesh Kumar Singh, J) Prakash/- U