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Patna High CourtCR. MISC./82346/2019disposed

Sudarshan Sharma @ Pramod Kumar Rakesh v. The State Of Bihar

2020-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82346 of 2019 In CRIMINAL MISCELLANEOUS No.39137 of 2019 Arising Out of PS. Case No.-649 Year-2006 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Sudarshan Sharma @ Pramod Kumar Rakesh Son of Late Naresh Sharma Resident of Village- Jalpura, P.S. and District- Arwal (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sabita Devi Wife of Sudershan Sharma @ Pramod Kumar Rakesh Resident of Village- Jalpura, P.S. and District- Arwal (Bihar). At present VillageMahavar, P.S.- Daudnagar, District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2020 The present application has been filed for modification of order dated 14.08.2019 passed in Cr. Misc. No. 39137 of 2019, whereby the petitioner was directed to surrender before the learned Court below within a period of six weeks for consideration of regular bail by learned Court below in connection with Complaint Case No. 649 of 2006, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Arwal. The regular bail was to be considered by the learned Court below on payment of up-to-date

Patna High Court CR. MISC. No.82346 of 2019(2) dt.22-01-2020 2/2 maintenance amount.

Learned counsel for the petitioner submits that the petitioner is ready to make payment of maintenance amount in installment and hence, the present modification application. Considering the prayer of the petitioner and submission made on behalf of the petitioner, the order dated 14.08.2019 passed in Cr. Misc. No. 39137 of 2019 is modified to the extent that if the petitioner surrenders before the learned Court below within a period of four weeks, the learned Court below will consider the prayer for regular bail of the petitioner and will allow to make payment of up-to-date maintenance amount including the arrears in three equal installments. Accordingly, the present modification application stands disposed of.

(Dinesh Kumar Singh, J) DKS/- U T