Padmasambhava Srivastava v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20573 of 2017 In Criminal Miscellaneous No.20714 of 2015 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== PADMASAMBHAVA SRIVASTAVA Son of Late Himanshu Srivastava, Resident of Block-8, Flat No. -05, High Court Residential Complex, Adalatganj, Budha marg, P.S.- Kotwali, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Madhuri Srivastava @ Madhuri Kumar @ Madhuri Mishra , Wife of Padam Sambhava Shrivastava, Resident of Flat No.- 05, Block, High Court Residential Complex, Adaltganj, Budha Marg, P.S.- Kotwali, District- and Twon- Patna.

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

For the Petitioner/s :

Mr. Tarun Kumar Sinha For the Opposite Party/s :

Mr. SRI MITHILESH KUMAR KHARE ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-11-2017 Heard learned counsels for the parties.

The present application has been filed for modification of order dated 17.1.2017 passed in Cr. Misc. No. 20714 of 2015.

The petitioner being husband of the informant was granted provisional anticipatory bail for four months in a case registered under sections 498A and 506/34 of the IPC on the petitioner having already paid Rs.10000/- to the informant as litigation cost and further being agreed to make payment of Rs.5000/- per month from the date of

Patna High Court Cr.Misc. No.20573 of 2017(8) dt.08-11-2017 2/3 passing of the order dated 18.6.2016 passed in Matrimonial Suit No. 5882 of 2014.

Learned counsel for the petitioner submits that the petitioner could not make payment since the bank account number was not supplied by the informant but now it has been supplied and the petitioner undertakes to make payment of arrears of monthly payment to the informant within three months. Further prayer is made to extend the period of provisional anticipatory bail for four months. It is submitted that the bail bonds of the petitioner have not been cancelled till date.

Learned counsel for the informant submits that the petitioner undertook to pay the arrears of maintenance amount incorporated in order dated 17.1.2017 but the same has not been paid. However, the informant is ready to accept the present offer of the petitioner.

Considering the rival submissions of the parties, the period of provisional anticipatory bail of the petitioner is hereby extended till 7th February, 2018 in connection with Kotwali P.S. Case No. 648 of 2014 pending in the court of learned CJM, Patna which will be confirmed by learned

Patna High Court Cr.Misc. No.20573 of 2017(8) dt.08-11-2017 3/3 court below subject to the condition the petitioner deposits arrears of maintenance amount as directed by the Principal Judge, Family Court, Patna in Matrimonial Suit No. 5882 of 2014.

This application is disposed of.

(Dinesh Kumar Singh, J) anil/- U