Patna High CourtCR. MISC./54697/2017disposed

Alok Kumar Dwivedi v. State Of Bihar And ANR

2018-10-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54697 of 2017 ====================================================== Alok Kumar Dwivedi, son of Amiya Kumar Dwivedi, resident of VillageRatepur, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibha Devi, D/o. Jai Karan Tiwari, resident of Village- Kanti, P.S.- Lalganj, District- Vaishali.

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

For the Petitioner/s : Mr. Devendra Kumar, Advocate Mr. Ranjit Kumar Thakur, Advocate For the State : Mr. Bimal Kumar - 3 For the Opposite Party No.2: Mr. Surendra Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-10-2018 Heard learned counsel for petitioner and learned counsel for the State as well as opposite party no.2.

Earlier this Court has granted bail to the petitioner vide order dated 16.07.2015 in Criminal Miscellaneous No. 5276 of 2015 with a condition that he will continue to pay Rs. 4,000/- per month to opposite party no.2, but this order will remain effective till the final adjudication of the divorce case. As has been submitted by the learned counsel for the petitioner and not disputed by the learned counsel for the opposite party no.2 that the divorce case has already been adjudicated and Rs. 1,00,000/- as litigation cost has been granted. Finally the marriage has been dissolved by the judgment of the divorce case,

Patna High Court Cr.Misc. No.54697 of 2017 (3) dt.03-10-2018 2 /2 relationship of wife and husband is now snapped. In such circumstances, continuation of payment of Rs. 4,000/- in a criminal case does not any purpose. Accordingly, this Court is of the view that petitioner is not liable to pay Rs. 4,000/- per month from the date of order passed in divorce case in view of the change situation. With the aforesaid observations and directions this application is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U T