Patna High CourtCR. MISC./56143/2018disposed

Praveen Singh @ Praveen Kumar Singh v. State Of Bihar And ANR

2019-01-30Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56143 of 2018 In Criminal Miscellaneous No.29032 of 2014 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Praveen Singh @ Praveen Kumar Singh, Son of Sri Ambika Singh, Resident of Village- Rajpur, Police Station- Paraiya, District- Gaya. ... ... Petitioner

Versus

1. The State Of Bihar

2. Chandani Devi, Wife of Praveen Kumar @ Praveen Kumar Singh, Resident of Village- Rajpur, Police Station- Paraiya, District- Gaya, address House of Hriday Singh, Son of Late Gurudeo Singh, Resident of Village- Gopalpur, Police Station- Sherghati, District- Gaya, Permanent address wife of Gopal Singh, Son of Late Mahendra Singh, Village- Alalpur, P.O.- Divri, Police Station- Tekari, District- Gaya, Present address Railway Station, Patel Nagar, Near Goshala Mandir, Prem Nagar, Gali No. 1, New Delhi ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Nachketa Jha, Advocate For the State :

Mr. Gauri Shankar Gupta, APP For Opposite Party No.2 :

Mr. Ajay Kumar Sinha, Mrs. Mayuri, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the opposite party no. 2.

2. This petition has been filed for modification of the order dated 23.09.2015 passed in Cr. Misc. No. 29032 of 2014 confirming the provisional anticipatory bail granted to the petitioner subject to further condition for payment of Rs. 1000/- (Rupees one thousand) per month to the opposite party no. 2.

3. Learned counsel for the petitioner submits that an application has been filed by the petitioner before learned Judicial Magistrate, 1st Class, Gaya for exemption from payment of Rs. 1000/- to the opposite party no. 2 on the ground that the opposite party no. 2 has solemnized another marriage with Gopal Singh, son of Late Mahendra Singh, resident of village Alalpur, P.S. Tekari,

Patna High Court Cr.Misc. No.56143 of 2018(5) dt.30-01-2019 2/2 District Gaya on 10.10.2016 and since then she is residing with him. Pursuant thereto, an enquiry was made and it was reported by the Sub-Inspector of Police on 16.02.2018 that the opposite party no. 2 has been residing in Delhi with second husband, namely, Gopal Singh.

4. Learned counsel for the opposite party no. 2 appears and has been heard.

5. In the above circumstances, the order dated 23.09.2015 passed in Cr. Misc. No. 29032 of 2014 is modified only to the extent that additional condition for deposit of Rs. 1000/- (Rupees one than) per month before the learned court below by the petitioner shall no longer be operative.

6. This modification petition stands disposed of. BT/Chandran (Vikash Jain, J) U T