Dismissed¶21

Bipin Kumar @ Bipin Mahto v. The State of Bihar

Patna HC29 Jan 2025CR. MISC./73641/2024

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.73641 of 2024, decided 29-01-2025 by Rajesh Kumar Verma, J. Modification of interim maintenance order dated 07.08.2014 in Cr. Misc. No.21929 of 2014 (Rs.1,200/- per month to wife/opposite party No.2) refused; application dismissed. Petitioner's ground of alleged remarriage of opposite party No.2 in 2017 not acted upon in view of seven-year delay in approaching the Court and non-deposit of maintenance (only Rs.10,000/- on 31.08.2016 and Rs.21,000/- on 04.03.2020 deposited in Nazarat). No statutes or precedents cited.

What did the court decide?

There is no need to interfere in the impugned order dated 07.08.2014; the modification application seeking expunging of para-3 (interim maintenance of Rs.1,200/- per month to opposite party No.2) is dismissed. ¶21

Bipin Kumar @ Bipin Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73641 of 2024

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CRIMINAL MISCELLANEOUS No.21929 of 2014

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Arising Out of PS. Case No.-60 Year-2013 Thana- HALSI District- Lakhisarai

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======================================================

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Bipin Kumar @ Bipin Mahto Son of Kishori Mahto Resident of VillageGunasagar, P.O.- Tatarghat, PS- Halsi, District- Lakhisarai

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... ... Petitioner/s

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Versus

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The State of Bihar

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Kiran Kumari @ Kiran Devi Wife of Bipin Kumar @ Bipin Mahto, D/ODhobi Mahto Resident of Village- Ratta, Post- Konag, P.S.- Halsi, Distt.Lakhisarai

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Subash Kumar, Advocate For the Opposite Party/s : Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 29-01-2025 Heard Mr.Mr.Subash Kumar, learned counsel for the

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petitioner and Mr. Nityanand, learned APP for the State.

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The present modification application has been filed for modification of the order dated 07.08.2014 passed in Cr. Misc. No.21929 of 2014 only to expunging the para-3 of the order by which this Court has been pleased to fix an interim maintenance of Rs.1200/- per month to opposite party No.2.

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Learned counsel for the petitioner submits that the petitioner had moved earlier before this Court for modification of order dated 07.08.2014 passed in Cr.Misc.Nos.10494 of 2016 and Cr.Misc.No.17634 of 2016 that in the light of order dated

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Patna High Court CR. MISC. No.73641 of 2024(3) dt.29-01-2025 2/3

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07.08.2014 the petitioner could not surrender before the learned court below within the time stipulated in the order dt. 07.08.2014 then the petitioner had filed Cr.Misc.No.10494 of 2016 for modification of the order dt. 07.08.2014 to the extent to extending the period of surrender which was allowed by order dated 08.03.2016 and the Court has been pleased to extend the period of surrender by three weeks. Learned counsel for the petitioner submits that the petitioner has again moved before this Court for modification of the order dt. 08.03.2016 passed in Cr.Misc.No.17634 of 2016 but the same was not modified. Learned counsel for the petitioner submits that in light of the order dated 07.08.2014 the petitioner has started to pay Rs.1200/- (Twelve hundred Only) per month to opposite party No.2 and the same will deposit in the Nazarat in the learned court below. Learned counsel for the petitioner submits that the petitioner has come to know in the year 2017 that opposite party No.2 has been married with another person, namely, Shravan Kumar according to Hindu Rites and Customs in the temple of Sri Indradamaneshwar Mahadeo Trust Ashok Dham Lakhisarai and in view of the aforesaid that opposite party No.2 has performed the second marriage the order dt. 07.08.2014 is modified that the petitioner is not liable to pay Rs.1200/-

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Patna High Court CR. MISC. No.73641 of 2024(3) dt.29-01-2025 3/3

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(Twelve hundred Only) to opposite party No.2

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Learned APP for the State on the other hand has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner has been granted bail by order dated 07.08.2014 and petitioner has annexed the receipt of deposited amount in the Nazarat which is Annexure-4 series to the present petition which suggests that till date petitioner has only deposited Rs.10,000./- (Ten Thousand Only) on 31.08.2016 and Rs.21000/- (Rs. Twenty One Thousand Only) on 04.03.2020 and petitioner has come to know that the opposite party No.2 has performed the marriage in the year 2017 and petitioner has approached this Court in the year 2024 after delay of seven years and apart from that the petitioner has not deposited the interim maintenance of Rs.1200/- per month to opposite party No.2.

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In view of the aforesaid, there is no need to interfere in the impugned order. It is, accordingly, dismissed.

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(Rajesh Kumar Verma, J)

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Nitesh/-

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U T

Bipin Kumar @ Bipin Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bipin Kumar @ Bipin Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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