Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58460 of 2025 In CRIMINAL MISCELLANEOUS No.85393 of 2024 Arising Out of PS. Case No.-3173 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Chandan Kumar S/O Lalan Prasad Singh R/O Village- Chhitrauli, Police Station- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Chanchala Devi D/O Kishori Prasad R/O Village and P.O- Piroi, P.S- Goraul, Distt.- Vaishali.

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed to modify the order dated 09.07.2025 passed in Cr. Misc. No.85393 of 2024, especially with regard to para-8 of the order in which it is stated that petitioner makes an offer to pay a sum of Rs.3,000/- per month to opposite party no.2, subject to final outcome of any maintenance or collateral proceeding.

3. It is submitted that in compliance of the order dated 27.09.2023 passed in Maintenance Case No.272 of 2022, the petitioner is already making payment of Rs.4,000/- per month to

Patna High Court CR. MISC. No.58460 of 2025(2) dt.12-09-2025 2/2 opposite party no.2 and this fact could not be placed before the Court at the time of hearing of the anticipatory bail application.

4. In my considered opinion, there is no need to modify the order dated 09.07.2025 passed in Cr. Misc. No.85393 of 2024 inasmuch as the same is self explanatory in nature wherein in the last line of the same, it stated that the aforesaid payment would be subject to final outcome of any maintenance or collateral proceedings and as the petitioner is already paying the amount of Rs.4,000/- per month regularly, as stated in this application, the para-8 of the order automatically looses its force.

5. In view of the aforesaid, this modification application stands disposed of.

6. However, the opposite party no.2 would be at liberty to take legal recourse, as may be advised to her, if the aforesaid amount is not paid regularly.

(Soni Shrivastava, J) Trivedi/- U T