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Patna High CourtCR. MISC./74536/2024allowed

Ashish Kumar @ Ashish Kumar Jha @ Abhisekh Kumar v. The State Of Bihar

2024-10-25Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74536 of 2024 In CRIMINAL MISCELLANEOUS No.26176 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- KOTWALI District- Patna ====================================================== Ashish Kumar @ Ashish Kumar Jha @ Abhisekh Kumar S/o- Girish Chandra Jha Resident of- PO Mohalla- Flat No 206, Maharaja Kameshwar Complex, P. S. - Kotwali, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Prashant Kumar, Advocate For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsels for the parties.

2. This petition has been filed for modification of order dated 12.08.2024 passed in Cr. Misc. No. 26176 of 2024 by this Court and for extension of period of surrender.

3. It is submitted by learned counsel appearing on behalf of the petitioner that due to typographical error, it has wrongly been typed in Paragraph Nos. 4 and 6 of the order that the petitioner is paying "total Rs. 11,000/- per month" whereas he is paying "total Rs. 10,000/- per month".

4. In view of reasons assigned in the petition and submissions of learned counsel appearing on behalf of the petitioner, let Paragraph Nos. 4 and 6 of the order dated

Patna High Court CR. MISC. No.74536 of 2024(2) dt.25-10-2024 2/3 12.08.2024 passed in Cr. Misc. No. 26176 of 2024 be read as follows:- "4. It is submitted on behalf of the petitioner that the petitioner is the husband of informant and has never assaulted informant nor demanded any dowry. Petitioner is ready to keep his wife with full honour and dignity. It is further submitted that pursuant to the order dated 01.11.2017 passed by Learned Principle Judge, Family Court, Patna in Matrimonial Case No. 317(M) of 2016, the petitioner is paying Rs. 6,000/- (six thousand) per month as maintenance to informant and Rs. 2,000/- (two thousand) each towards maintenance of minor child (total Rs. 10,000/- per month) and petitioner undertakes to pay the same regularly."

... ... ...

"6. Considering the fact that petitioner is paying Rs. 6,000/- (six thousand) per month as maintenance to informant and Rs. 2,000/- (two thousand) each towards maintenance of minor child (total Rs. 10,000/- per month) and undertakes to pay the same regularly, the prayer for anticipatory bail of petitioner is allowed."

5. Accordingly, further six weeks' time from today is

Patna High Court CR. MISC. No.74536 of 2024(2) dt.25-10-2024 3/3 granted to the petitioner to surrender and furnish bail-bond before the concerned Court where the case is pending.

6. Order dated 12.08.2024 passed in Cr. Misc. No. 26176 of 2024 is modified to the above extent and this petition is allowed.

(Prabhat Kumar Singh, J) shashank/- U T