Kundan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5457 of 2015 ====================================================== Kundan Kumar son of Late Kamala Prasad Pandit resident of village - Gaddighat, Post Office Basantpur, Police Station - Rupouli, District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rajani Devi @ Rajani Kumari Wife of Kundan Kumar, Daughter of Sri Mukesh Prasad Singh resident of Mohalla - Larkania Tola, Ghasita Block, Police Station and District Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surya Prakash For the Opposite Party/s : Mr. Ashok Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 01-07-2015 The present application has been filed for modification of order dated 06.09.2012 passed in Cr. Misc. No. 31833 of 2012 for permitting the petitioner not to make payment of Rs.1,500/- per month to the complainant from November, 2012 since now the opposite party no. 2 has been granted maintenance of Rs.6,000/- for her child by learned Principal Judge, Family Court, Katihar vide judgment dated 31st January, 2014 in Maintenance Case No. 70 of 2012.

It is submitted by learned counsel for the petitioner that the petitioner has paid up-to-date amount of Rs.1,500/- as directed by this Court and the said order was subject to any order being passed in matrimonial or maintenance

Patna High Court Cr.Misc. No.5457 of 2015 (04) dt.01-07-2015 2/2 proceedings.

Counsel for opposite party no. 2 does not dispute that the payment as directed by this Court has already received by opposite party no. 2. However, it is submitted that direction be issued to the petitioner to make payment of maintenance amount as directed by the Principal Judge, Family Court, Katihar regularly.

Considering the submissions made, the order dated 06.09.2012 passed in Cr. Misc. No. 31833 of 2012 is modified to the extent that in view of the order passed in the maintenance proceeding the petitioner is not required to make any further payment of Rs.1,500/- per month to opposite party no. 2. However, any default in making payment of maintenance amount as directed by the Principal Judge, Family Court, Katihar will be give liberty to opposite party no. 2 to move before the learned court concerned.

Accordingly, this modification application is disposed of in connection with C.A. No. 522 of 2012 pending in the court of learned SDJM, Katihar.

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