Patna High Court - Orders
Shashi Bhushan Rai vs The State Of Bihar on 29 May, 2012
Author: Gopal Prasad
Bench: Gopal Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20604 of 2012
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Shashi Bhushan Rai son of late Narayan Rai, R/o Dubha, P.s. Darpa, Dist.
East Champaran (Motihari) presently residing at Delhi, Sec 25 Flat No. 75
(B) Pocket No. 9, Rohini, Delhi-85.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
2 29-05-2012Heard the parties.
The petitioner has preferred this application against the order dated 20.03.2012 passed by Shri P.Kumar Datta, J.M. Ist Class, Patna in D.V. Case no 15 of 2010 by which a distress warrant against the petitioner for noncompliance of order dated 03.09.2010 by which he has been issued and he has been directed to pay a sum of Rs. 5000/- per month as maintenance to his wife.
Learned counsel for the petitioner submits that by order dated 16.12.2011 passed in Cr. Misc. No. 17985 of 2011 the petitioner was ordered to pay Rs. 3000/- per month by 15th of every month and in consequence is paying the same. Learned counsel further submits that the order dated 03.09.2010 been challenged in Cri. Rev. No. 71 of 2012. 2 Patna High Court Cr.Misc. No.20604 of 2012 (2) dt.29-05-2012 2/3
However, it is contended that since he is paying Rs. 3000/- per month as maintenance in pursuance of the order passed in bail petition being a Cri. Misc. 17985 of 2011. By order dated 16.12.2011 the distress warrant passed for payment of Rs. 5000/- per month in pursuance of order passed in D.V. Case No. 15 of 2010. However he is paying Rs. 3000/- per month.
The learned counsel for O.P. no.2 however contended that the order passed in DV Case no.15 of 2010 is in due process whereas order passed in Cr. Misc. is order passed in a petition for bail.
Hence the grievance raised that the petitioner has to comply two orders in respect of maintenance. Whereas the distress warrant has been issued for compliance of order dated 03.09.2010 which has been challenged in revision before Hon'ble Court which is pending hearing. Hence the payment of maintenance of Rs. 3000/- per month by the petitioner in pursuance of order passed in Cri. Misc. No. 17985 of 2011 be adjusted regarding order for payment of Rs. 5000/- per month in DV. Case No. 15/2010, till the order is revised in revision by Hon'ble Court and the arrear arise by order dated 03.09.2010 be fixed to be paid in installment of Rs. 10,000/- 3 Patna High Court Cr.Misc. No.20604 of 2012 (2) dt.29-05-2012 3/3
to at interval of two months fill the arrear is satisfied. The learned counsel for O.P. No.2 has no grievance if the amount agreed to pay as suggested.
Submission is that the payment made by the petitioner in pursuance of the order passed in Cri. Misc. No. 17985 of 2011 by which the petitioner is paying Rs. 3000/- per month in compliance is ordered to be adjusted in order passed in DV Case No. 15 of 2010.
The petitioner is directed to pay Rs. 3000/- in Cri. Misc. and rest Rs. 2000/- in DV case per month by 15th from the next month & the arrear be paid in installment of Rs. 10,000/ at interval of two months till arrear is satisfied.
In the meantime distress warrant issued against the petitioner in D.V. Case No. 15/2010 is stayed up-till the petitioner pays the dues as stipulated above.
The petition is disposed of with the above observation and direction.
Let the order be communicated through fax at the cost of the petitioner.
(Gopal Prasad, J) M.Rahman/-