Smt. Ritu Kumari vs State Of Bihar & Anr on 29 July, 2015

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Patna High Court - Orders

Smt. Ritu Kumari vs State Of Bihar & Anr on 29 July, 2015

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.34724 of 2015
                 ======================================================
                 Smt. Ritu Kumari, wife of Sri Anjani Kumar and daughter of Sri Surendra
                 Nath, resident of Bakerganj, Bajaja Gali, P.S.-Pirbahore, Patna-800004.
                                                                          .... .... Petitioner/s
                                                    Versus
                    1. The State of Bihar
                    2. Sri Anjani Kumar, son of Sri Arun Kumar, resident of Mohalla-
                         Sardar Patel Path, Maurya Bihar Colony, Kumhrar, P.S.-Alamganj,
                         District-Patna
                                                                     .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :   Mr. Naresh Kumar Sinha
                 For the Opposite Party/s    : Mr. Indu Bala Pandey (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                                ORAL ORDER

2   29-07-2015

The present application has been filed for modification of the order dated 31.03.2015 passed in Cr. Misc. No. 13169 of 2015 for rescinding the same as O.P. No. 2 made a false undertaking that he is ready to keep the petitioner as wife with full dignity and honour.

The O.P. No. 2 was granted provisional anticipatory bail in Complaint case No. 25837C of 2014 for one year on readiness of the O.P. No. 2 to keep the petitioner as wife with full dignity and honour. The provisional bail of the O.P. No. 2 was to be confirmed in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned Court below or

(iii) if the complainant gets reluctant to reconcile the issue.

In the circumstances mentioned above, if O.P. No. 2 fails to fulfill the undertakings given before this Patna High Court Cr.Misc. No.34724 of 2015 (2) dt.29-07-2015 2/2 Court, his provisional bail shall not be confirmed by learned Court below.

This Court is not inclined to entertain the present modification application.

Accordingly the modification application is disposed off in connection with Complaint Case No. 25837C of 2014, pending in the Court of learned Chief Judicial Magistrate, Patna.

(Dinesh Kumar Singh, J) Shageer/-

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Patna High Court - Orders