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Patna High CourtCR. MISC./17/2019dismissed

Laxman Choudhary v. State Of Bihar And ANR

2019-07-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17 of 2019 In CRIMINAL MISCELLANEOUS No.37890 of 2018 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Laxman Choudhary S/O Late Karu Choudary Resident of Village- Sorampur, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Sunita Devi D/o Late Jhaju Choudhary R/o Vill- Ranipur, P.S.- Mehandiganj, Dist. - Patna.

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2019 Heard learned counsels for the parties.

The present application has been filed for modification of the order dated 7.12.2018 passed in Cr. Misc. No.37890 of 2018 with regard to the undertaking of the petitioner to make payment of Rs.1500/- to the O.P. No. 2 from January, 2019. The petitioner being husband of the complainant in a case wherein process was directed to be issued after cognizance being taken for the offences punishable under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, preferred Cr. Misc. No. 37890 of 2018 with a prayer for anticipatory bail. The matter was referred to mediation, but the issue could not be reconciled though the petitioner was ready to keep the

Patna High Court CR. MISC. No.17 of 2019(2) dt.03-07-2019 2/2 complainant as wife with full dignity and honour. Thereafter, in alternative, the petitioner was ready to make payment of Rs.1500/- per month to the complainant from January, 2019, hence the petitioner was granted anticipatory bail on the acceptance of the aforesaid offer of the petitioner by the complainant.

Considering the fact that through this modification application, the petitioner wants to get the entire things reviewed on merits and the fact that the payment of the undertaken amount was subject to any order being passed in matrimonial, maintenance or any other connected proceedings, this Court is not inclined to interfere.

This application is, accordingly, dismissed.

(Dinesh Kumar Singh, J) anil/- U