Md. Imtiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47841 of 2016 ====================================================== Md. Imtiyaz, son of Md. Ubaid, resident of Village-Bachharpur, P.S.-Pupri, District-Sitamarhi .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Kamran For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2016 The present application has been filed for modification of the order dated 16.05.2016 passed in Cr. Misc. No. 11503 of 2016.
Learned counsel for the petitioner confines his prayer to the extent of decreasing the amount of monthly payment of Rs. 5000/-.
The petitioner being husband of the informant was granted bail in a case registered under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The petitioner was granted bail on submission of the counsel for the petitioner that petitioner is ready to make payment of Rs. 5000/- per month from June, 2016 to the informant by second week of every succeeding month and on accepting the offer of the petitioner by the informant. It is submitted by learned counsel for the petitioner that petitioner is now not able to make payment of Rs. 5000/- per month to the informant since he has to
Patna High Court Cr.Misc. No.47841 of 2016 (2) dt.16-11-2016 2/2 maintain his ailing mother.
Since the order was passed with the consent of both sides, moreover the said order is subject to any order being passed in matrimonial, maintenance or any connected proceeding, this Court is not inclined to interfere. Accordingly the modification application stands dismissed in connection with Nanpur P.S. Case No. 223 of 2015, pending in the Court of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi.
(Dinesh Kumar Singh, J) Shageer/- U T