Petitioner sought to modify an undertaking to pay monthly allowance from a previous anticipatory bail order. Court dismissed the application, noting payments were subject to matrimonial proceedings and refusal to interfere.
Petitioner's prayer for modification of the previous undertaking regarding monthly payment was dismissed.
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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
... ... 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
2 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
1 issue framed by the court
Whether the Court should modify the undertaking regarding monthly payments made during anticipatory bail in matrimonial connected proceedings.
2 provisions across 2 enactments
Laxman Choudhary
State Of Bihar
Sunita Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
