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Patna High CourtCR. MISC./37423/2025dismissed

Kundan Paswan v. The State Of Bihar

2025-07-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37423 of 2025 In CRIMINAL MISCELLANEOUS No.1748 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Munger ====================================================== Kundan Paswan S/o- Dilip Paswan Village- Chhota Panchgarh PSBoreo(Jirwabari OP) Dist- Sahebganj Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sweta Salini W/o- Kundan Paswan, D/o- Binod Paswan Village- Ghorghat Ps- Bariarpur Dist- Munger, Sub Divisional Hospital Tarapur Ps- Tarapur Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar, Advocate For the State :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. This application has been filed for modification of the order dated 03.04.2023 passed in Cr. Misc. No. 1748 of 2022 whereby this Court was pleased to grant anticipatory bail to the petitioner with a direction that he shall give maintenance amount of Rs. 5,000/- (Five Thousand) per month to his wife/Opposite Party No. 2.

3. The present modification application has been filed on the ground that the wife of petitioner/Opposite Party No. 2 is employed in Medical Department and is posted as a Nurse at

Patna High Court CR. MISC. No.37423 of 2025(2) dt.11-07-2025 2/2 P.H.C., Tarapur, Munger and she is not living with this petitioner and has also filed a divorce case bearing Divorce Case No. 123 of 2023.

4. Having heard the learned counsel appearing on behalf of the parties and from perusal of the materials available on record, this Court is of the view that the plea taken in the instant modification application on behalf of the petitioner cannot be a ground for modification of the order dated 03.04.2023 passed in Cr. Misc. No. 1748 of 2022.

5. Accordingly, this modification application is dismissed.

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