Pankaj Kumar v. State Of Bihar and Anr.
Case brief
What is this about?
The Court modified the antecedent order confirming anticipatory bail which originally included a direction for the petitioner to pay a monthly sum to the opposite party no. 2. Due to a pending maintenance case and financial arguments, the monthly payment condition was removed subject to a three-month interim payment liability.
What did the court decide?
The condition to pay Rs. 5,000/- per month is removed; petitioner directed to pay Rs. 5,000/- for three months from Feb 2018 or until family court disposal, whichever is earlier.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25738 of 2017
======================================================
- Pankaj Kumar, S/o Late Satya Narayan Prasad, R/o Village Shamlendra Kumar Vidya Vihar, Road No. 4, Behind Laxmi High School, P.S. Dumra, District- Sitamarhi.
.... .... Petitioner/s
Versus
- The State of Bihar.
- Satyendita Satyendra W/o Pankaj Kumar D/o Satyendra Kumar, R/o Vidya Sadan 195- Abhiyanta Nagar, West Bailey Road, Danapur Cantt. P.S. Rupaspur, District- Patna.
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Atul Chandra
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
Issues for consideration
3 issues framed by the court
Whether the order imposing a monthly payment condition for anticipatory bail should be modified given the existence of a pending maintenance proceeding and financial disparity.
Whether the petitioner should be exempted from the payment condition while pending the decision in the family court maintenance case.
How to balance the interim payment obligation during the pendency of the family court petition on financial claims.
Parties & counsel
- petitioner
Pankaj Kumar
- respondent
The State of Bihar
- respondent
Satyendita Satyendra
Coram
Case details
As recorded by the court registry
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