Patna High CourtCR. MISC./61297/2017withdrawn

Vishal Kumar Pandey v. State Of Bihar And ANR

2018-05-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61297 of 2017 In Criminal Miscellaneous No.25849 of 2010 Arising Out of PS. Case No.- Year- Thana- District- Buxar ====================================================== Vishal Kumar Pandey, Son of Vishwanath Pandey, Resident of MohallaBuxar, P.S.- Buxar (Town), District- Buxar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, D/o Santosh Kumar Tiwary, Resident of Mohalla- Saurabh Press, Khalasi Mohalla, P.S.- Buxar (Town), District- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Krishna For the Opposite Party/s :

Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-05-2018 The petitioner seeks modification of the order dated 23.08.2010 passed in Cr. Misc. No. 25849 of 2010 by a Bench of this Court whereby the petitioner was granted the privilege of anticipatory bail on the condition that he continued to pay Rs. 2000/- per month as ad interim maintenance to opposite party no. 2. Later, it has been submitted, the opposite party no. 2 preferred an application under Section 125 Cr.P.C. seeking maintenance. The family court, on perusal of the evidence on record directed the petitioner to pay to the opposite party no. 2, an amount of Rs. 7000/-. However, such order of the family court has been challenged by the petitioner and the order referred to

Patna High Court Cr.Misc. No.61297 of 2017(4) dt.16-05-2018 2/2 above has been stayed. In that view of the matter, situation has not become ripe for modifying the order dated 23.08.2010.

Learned counsel for the petitioner is permitted to withdraw the present petition in order to enable him to file any modification of the order referred to above, in case the issue with respect to the maintenance order passed by the learned family court is finally settled. The petition is dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) krishna/- U T