Anil Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31328 of 2016 ====================================================== Anil Kumar Rai S/o Ram Bharesh Rai, Resident of village - Rampur Dumari, P.S. - Karhatiya Bujurg, P.S. Goroul (Kathar O.P.), District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Suman Devi, D/o Sri Umashankar Rai, Resident of Village - Maheya, P.O. - Malpur, P.S. - Patepur, District - Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-08-2016 Heard learned counsels for the petitioner and the State.

The present application has been filed for modification of order dated 13.10.2015 passed in Cr. Misc. No. 24434 of 2015.

The above mentioned Cr. Misc. was preferred by the petitioner with a prayer for anticipatory bail in connection with Complaint Case No. 3679(C) of 2014 wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act, pending in the court of learned Sub-divisional Judicial Magistrate, Vaishali

Patna High Court Cr.Misc. No.31328 of 2016 (2) dt.17-08-2016 2/2 at Hajipur.

The marriage between the petitioner and the complainant and birth of a male child are admitted facts. The petitioner claimed to have filed Matrimonial Suit No. 276 of 2014 with a prayer for divorce prior to lodging of the present case. Though, the complainant is ready to resume the conjugal life but the petitioner is not ready to accept the offer of the complainant and expressed his willingness to make payment of Rs.2,000/- per month from November, 2015 to the complainant by depositing the same in her bank account by second week of every month, but now it is submitted by learned counsel for the petitioner that the petitioner is not in a position to make payment of Rs.2,000/-.

This Court is not inclined to revise the order on merits. Accordingly, this application is dismissed. (Dinesh Kumar Singh, J) DKS/- U T