The court approved a settlement where the petitioner agreed to pay interim maintenance to the opposite party and their minor daughter. Consequently, the provisional bail granted earlier was confirmed.
Provisional bail confirmed; order to pay Rs. 2000/- interim maintenance from January 2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9931 of 2014
Arising Out of P.S. Case No. -204 Year- 2013 Thana -SIKANDRA District- JAMUI
====================================================== 1. Rajesh Mistri Son of Brahmdeo Mistri Resident of Village - Rampur, P.S. Sikandra, District - Jamui .... .... Petitioner/s Versus 1. The State of Bihar 2. Kiran Devi wife of Rajesh Mistri, resident of village Arunamavank, P.S. Kaiva, District Jamui .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.P. Parasar, Adv. For the Opposite Party-State : Mr. Bharat Bhushan, APP For the opposite party No.2 : Mr. Rajesh Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
As the submissions advanced by the learned counsel for the parties reflected a possibility of settlement that this Court by order passed on 5.11.2014 referred the matter to the Patna High Court Mediation and Conciliation Committee for seeking a possible settlement between the parties and which exercise has failed.
In the circumstances reflecting above, Mr. S.P. Parasar
Patna High Court Cr.Misc. No.9931 of 2014 (5) dt.17-12-2014
2 / 2
appearing on behalf of the petitioner has offered to pay a sum of Rs. 2000/- to the opposite party No.2 by way of ad interim maintenance in respect of the opposite party No.2 as well as their minor daughter. He submits that there is also a matrimonial case pending in the Court below and thus this amount be made subject to any final order that would be passed in the matrimonial case.
Mr. Sinha learned counsel for the opposite party No.2 has no objections to the offer made and in the opinion of this Court also since the maintenance matter is pending before the Family Court at Jamui, the offer seems to be reasonable and would be paid to the opposite party No.2 by 7th of each month either through her savings bank account or through her person with effect from January, 2015.
The amount so paid shall be subject to final determination of the maintenance amount in matrimonial case pending before the Family Court, Jamui.
However, in view of the settlement so arrived at, the provisional bail granted to the petitioner vide order passed on 19.4.2014 stands confirmed.
This application is allowed.
Bibhash/U T
(Jyoti Saran, J)
1 issue framed by the court
Whether the provisional bail granted to the petitioner should be confirmed and an interim maintenance settlement approved.
Rajesh Mistri
The State of Bihar
Kiran Devi
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
