IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56153 of 2018
In
CRIMINAL MISCELLANEOUS No.58772 of 2017
Arising Out of PS. Case No.- Year-1111 Thana- District-
Aradhana Kumari @ Aradhana Devi, Wife of Sri Pawan Kumar Mandal,
Resident of Village- Khuthadih, Police Station- Barahiya, in the District of
Lakhisarai. Presently residing in Village- Mokamaghat, Police Station-
Mokama, District- Patna.
… … Petitioner/s
Versus
1. The State of Bihar.
2. Pawan Kumar @ Pawan Kumar Mandal @ Pavan Kumar, Son of Late Arjun
Mandal, Resident of Village- Khuthadih, Police Station- Barahiya, in the
District of Lakhisarai.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma, Adv.
For the Opposite Party/s : Mr. Murlidhar, APP
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
5 17-04-2019 The petitioner seeks modification of the order
passed by this Court on 25.07.2018 in Cr. Misc. No. 58772
of 2017, whereby the application filed by the petitioner/wife
for cancellation of bail of opposite party No. 2, the husband
of the petitioner, has been rejected.
Patna High Court CR. MISC. No.56153 of 2018(5) dt.17-04-2019
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2. The application for cancellation of bail was
rejected on the averment made on behalf of the opposite
party No. 2 that Rs. 30,000/- is being deducted from his
salary and is being remitted in the account of the
petitioner/wife.
3. The present petition has been filed on the
ground that at the time of grant of a bail to the opposite
party No. 2 on 12.12.2013, passed in Cr. Misc. No. 35137
of 2013, it was directed that, as a condition precedent for a
bail, the husband was required to pay to the petitioner/wife
an interim maintenance of Rs. 5,000/- per month.
4. However, while recording the aforesaid
observation/direction, this Court, in the aforesaid order, was
categorical in making such order subject to any order on the
point by the competent Court.
5. Since Rs. 30,000/- per month, in all, is being
deducted from the salary of the husband of the petitioner,
out of which Rs. 10,000/- has been awarded as an interim
maintenance in the petition under Section 24 of the Hindu
Marriage Act, 1955 maintenance pendente lite inclusive of
Patna High Court CR. MISC. No.56153 of 2018(5) dt.17-04-2019
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cost of litigation) and instalment of Rs. 20,000/- towards the
final amount of Rs. 5,84,000/-, there is no reason for this
Court to interfere or modify the order rejecting the
application seeking cancellation of bail of the opposite party
No. 2.
6. In case, the remittance of money in the account
of the petitioner/wife shall be stopped for any unexplained
reason in future, it would be open for the petitioner/wife to
approach this Court for necessary orders.
7. The application for the modification of the order
dated 25.07.2018 is, therefore, rejected with the
observation as indicated above.
(Ashutosh Kumar, J)
Praveen-II/-
U T