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Patna High Court - Orders

Arnesh Kumar @ Kumar Amresh vs State Of Bihar & Anr on 26 October, 2018

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Criminal Miscellaneous No.18421 of 2018
                                                      In
                             Criminal Revision No. 1030 of 2014
                           Arising out of P.S. Case No.- Year- Thana- District- Patna

                 =====================================
                 Arnesh Kumar @ Kumar Amresh, Son of Rameshwar Yadav,
                 R/o 5/1A/1/C/30, Road No. 1, near Water Purification Pump,
                 Laxmi Nagar, P.S.-Old Shangvi, Pune (Maharashtra), at
                 present     Flat   No.     102,      Block-D1,         Brahama         Suncity,
                 Wadgaonsheri, P.S.-Rambadri, District-Pune (Maharashtra)-
                 411014.
                                                                     ....   ....   Petitioner/s
                                                   Versus
                 1. The State of Bihar.
                 2. Sweta Kiran, Wife of Arnesh Kumar, Daughter of Late
                 Hari    Narayan,      C/58,     Police     Colony,         Anisabad,      P.S.-
                 Gardanibag, District-Patna.
                                                              ....    .... Opposite Party/s
                 =====================================
                 Appearance :
                 For the Petitioner/s            : Mr. Uday Narayan Singh, Adv.
                 For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
                 =====================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                 ORAL ORDER


7   26-10-2018

The opposite party No. 2/husband has preferred this petition seeking modification of the order dated 15.01.2018 passed by this Court in Cr. Revision No. 1030 of 2014.

Patna High Court Cr.M isc. No.18421 of 2018 (7) dt.26-10-2018

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It has been pointed out by the learned counsel appearing for the opposite party No. 2/husband that the order impugned in Cr. Revision No. 1030 of 2014 was an interim order and, therefore, any revision was not maintainable as against the aforesaid order.

Be that as it may, the facts reveal that despite the petitioner/wife having examined all witnesses on her behalf, the Court below has not been able to pronounce a final order because of the opposite party No. 2/husband not cooperating in the proceedings.

The learned counsel appearing for the opposite party No. 2/husband, however, states that henceforth all possible steps shall be taken to have the proceedings concluded. It has also been urged on behalf of the opposite party No. 2/husband that he has been paying an amount of Rs. 8,000/- per month to the petitioner/wife towards her maintenance regularly and without fail.

Considering the aforesaid aspects, it is directed that the Court below ought to proceed in the matter in right earnest and pass a final order as early as possible.

In the meantime, the opposite party No. 2/husband shall continue to pay an amount of Rs. 8,000/- per month to his wife/the petitioner in Cr. Revision No. 1030 of 2014 regularly and without fail.

Patna High Court Cr.M isc. No.18421 of 2018 (7) dt.26-10-2018

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Re-notify this matter on 25th January, 2019 to know the stage of the case before the Court below.

(Ashutosh Kumar, J) Praveen-II/-

 U        T