Rajat Choudhary @ Kumar Rajat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76077 of 2023 In CRIMINAL MISCELLANEOUS No.66459 of 2022 Arising Out of PS. Case No.-307 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Rajat Choudhary @ Kumar Rajat S/O Ram Narayan Choudhary VillageMasuria Banka, Ps. Banka, Dist. Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saloni Kumari W/O Rajat Choudhary, D/O Shyam Kishore Choudhary Village- Masuria Banka, Ps. Banka, Dist. Banka, At Present Address Saloni Kumari, D/O Shyam Kishore Choudhary R/O Village- Wajidapur, Ps. Vidhyapati Nagar, Dist. Samastipur Pin-848501 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshay Lal Pandit, Advocate For the State :

Mr. Md. Mushtaque Alam, APP For the O.P. No.2 :

Mr. Rajnish Kumar, Advocate Mr. Amit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-11-2023 Heard Mr. Akshay Lal Pandit, learned counsel for the petitioner, Mr. Md. Mushtaque Alam, learned APP for the State and Mr. Rajnish Kumar, learned counsel for the opposite party no.2.

2. The present application is filed for modification of payment of provisional maintenance amount of Rs.10,000/- per month granted vide order dated 05.10.2023 passed in Cr. Misc. No.66459 of 2022.

3. Learned counsel for the petitioner submits that petitioner is completely unemployed person working in a

Patna High Court CR. MISC. No.76077 of 2023(2) dt.10-11-2023 2/2 Narayan Hardware Shop having meager income of Rs.11,500/- per month in which the petitioner has some family obligations and his own daily expenditure and as such he is not in a position to make payment of Rs.10,000/- per month to his wife. Therefore, maintenance amount of Rs.10,000/- may be modified to the extent of Rs.3000/- per month.

4. The submissions advanced on behalf of the learned counsel for the petitioner is not acceptable at this stage in view of the fact that the maintenance amount of Rs.10,000/- has been undertaken to be paid by the petitioner himself while prayer for bail of the petitioner was sought and considering the undertaking given by the petitioner with respect to maintenance amount, bail has been granted to the petitioner.

5. In view of the aforesaid, this Court is not inclined to modify the order dated 05.10.2023, accordingly this modification application stands dismissed.

6. However, time for extension of period of surrender granted vide order dated 05.10.2023 passed in Cr. Misc. No.66459 of 2022 is extended for four weeks from today. (Rajesh Kumar Verma, J) Prakash Narayan U T