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Orissa High CourtABLAPL/4451/2022disposed off

Abhijit Mishra v. State Of Odisha

2022-09-05Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4451 of 2022 Abhijit Mishra ....

Petitioner Mr. B.P. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.02.2023 I.A. No.386 of 2023 04.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This interlocutory application has been filed by the Petitioner seeking modification of the condition No.(iv) mentioned in 4th paragraph of order dated 05.09.2022 passed by this Court in the aforesaid bail application while allowing his bail application.

3.

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. 4.

It is submitted by the learned counsel for the Petitioner that the Informant-Wife is demanding an exorbitant maintenance amount, which is beyond the capacity of the

// 2 // Petitioner. It is further contended that the Petitioner is getting around Rs.30,000/- as monthly salary. Therefore, he is not in a position to pay the amount demanded by the wife. 5.

Considering such submission, the condition No.(iv) mentioned in 4th paragraph of the order dated 05.09.2022 stands modified to the extent that the Petitioner shall now pay a sum of Rs.4,000/- (Rupees four thousand) every month to the wife, as an interim maintenance, which shall be subject to any other appropriate proceeding for maintenance by any competent authority.

6.

With the aforesaid modification, this I.A. stands disposed of.

( A.K. Mohapatra) Judge Debasis