Sanjiv Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34848 of 2018 ====================================================== Sanjiv Kumar, Son of Gauri Shankar Sharma, Resident of VillageNaugarh, Police Station- Khizersarai and District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Archana Kumari, Daughter of Sachhidanand Singh, Resident of VillageBhelubigha, Police Station- Hisua, District- Nawada, Presently residing at Nutan Nagar, Vidyarthi Chemistry Classes.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 Earlier anticipatory bail application of the petitioner was disposed of by this Court vide order dated 8.5.2017 passed in Cr.Misc.No. 18425 of 2017 with following direction : "Having heard both sides, considering the facts and circumstances of the case, let petitioner surrender before the court and the court below after issuing notice to informant-opposite party No.2, shall try to mediate between the parties with regard to a suitable maintenance to be paid by the petitioner on monthly basis to informantopposite party No.2 and if it is found that the petitioner is ready to pay the maintenance to the informant-opposite party No.2, the court below shall enlarge the petitioner on provisional bail to his satisfaction for a

Patna High Court Cr.Misc. No.34848 of 2018 (2) dt.27-06-2018 2/2 period of six months and watch the conduct of the petitioner and after six months, if it is found that petitioner is paying the monthly maintenance amount to the informantopposite party No.2, shall confirm the provisional bail of the petitioner, otherwise he is free to pass any order as he deems fit and proper."

Submission of learned counsel for the petitioner is that the court below has fixed Rs.20,000/- as maintenance amount which the petitioner is unable to pay and the court below has cancelled the bail bond of the petitioner and petitioner is ready to deposit the maintenance amount.

In such view of the matter, this application is disposed of with a direction to the petitioner to file a fresh application before the court below stating the fact and learned court below will consider this aspect of the matter that he is ready to pay the maintenance amount and will pass appropriate order. (Vinod Kumar Sinha, J) spal/- U