Patna High CourtCR. MISC./23904/2017disposed

Ranjit Kumar @ Ranjit Rai v. State Of Bihar And ANR

2017-07-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23904 of 2017 ======================================================

1. Ranjit Kumar @ Ranjit Rai, s/o Suresh Prasad, resident of VillageChhaperatar, P.S.- Pandarak, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Rinku Devi, D/o Rajnandan Prasad, R/v- Chhabilatar P.S.- Pandarak, District- Patna.

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2017 Heard learned counsel for the parties.

The present application has been filed for modification of order dated 13.12.2016, passed in Cr. Misc. No. 26532 of 2016, to the extent of waiving the condition of payment of rupees eight hundred per month to the complainant from January, 2017.

The petitioner being the husband of the complainant was granted anticipatory bail on being ready to make payment of Rs.800/- per month to the complainant from January, 2017 by depositing the same in the bank account of the complainant by second week of every succeeding month.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.23904 of 2017 (2) dt.05-07-2017 2/2 that the petitioner has deposited the said amount till June, 2017, but the complainant has performed second marriage. Hence, the petitioner prays for exemption from making payment of the aforesaid amount to the complainant.

Be that as it may, this court is not inclined to modify the earlier order. However, let the learned court below issue notice to the complainant and if the learned court below prima facie comes to a conclusion that the complainant has performed second marriage, then the said condition of payment will be modified by the learned court below.

With the aforementioned observation/direction, the modification application is disposed of in connection with Complaint Case No. 672C of 2014 pending in the court of the learned SDJM, Barh.

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