Pankaj Kumar Tiwari @ Pappu Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3435 of 2014 ======================================================

1. Pankaj Kumar Tiwari @ Pappu Tiwari Son Of Sri Ravindra Nath Tewari, Resident Of Village - Mauzampur, P.S.- Barhara Sinha, In The District Of Bhojpur.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Kamleshwar Pandey Son Of Late Dwarika Pandey Resident Of Village - Najepur, P.S.- Ara Mufassil, In The District - Bhojpur.

3. Misha Devi D/O Sri Kameshwar Pandey, W/O Sri Ganesh Upadhaya, Resident Of Village- Parashurampur, P.S.- Krishnagarh, DistrictBhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2015 The present application has been filed for modification of the order dated 09.02.2012 passed in Cr. Misc. No. 2516 of 2012 to the extent that petitioner may be permitted not to make payment of Rs. 1500/- per month to O.P. No. 3 since she has performed second marriage.

The petitioner was granted anticipatory bail in connection with Barhara(Sinha) P.S. Case No. 122 of 2011 for the offences punishable under Sections 323, 341, 494, 498A, 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act on the readiness of the petitioner to make payment of Rs. 1500/- per month to his wife/O.P. No. 3 from March, 2012.

It is submitted by learned senior counsel for

Patna High Court Cr.Misc. No.3435 of 2014 (7) dt.29-07-2015 2/2 the petitioner that in pursuance to the order of this Court the petitioner was making payment to O.P. No. 3 Misha Devi. Mr. Anant Kumar Pandey, learned counsel appearing for O.P. No. 3 has not controverted the contention of the petitioner that O.P. No. 3 Misha Devi has performed second marriage.

In the circumstance, the order dated 09.02.2012 passed in Cr. Misc. No. 2516 of 2012 is modified to the extent that petitioner is not required to make any payment to his wife/O.P. No. 3 Misha Devi henceforth. Accordingly the modification application is disposed off in connection with Barhara(Sinha) P.S. Case No. 122 of 2011, pending in the Court of learned Chief Judicial Magistrate, Bhojpur, Ara.

(Dinesh Kumar Singh, J) Shageer/- U T