IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.954 of 2011
Bharat Jee, son of Narayan Jee, resident of village - Baleshwar
Ghat Road, Balia, P.S. Kotwali, Balia, District Balia, Uttar Pradesh
....... Petitioner
Versus
1. The State Of Bihar
2. Mamta Kumari w/o Bharat Jeee, D/o Kashinath Prasad,
at present resident of village - Raghunathpur, P.S.
Brahmpur, District - Buxar
...... Opposite Parties
For the Petitioner : Digvijay Kumar Ojha, Advocate
For the State : Mr. Madan Kumar, A.P.P.
For Opp. Party no.2: Mr. Amrendra Kumar Pathak, Advocate
12 24.08.2011
Heard learned counsel for the petitioner, the
State and the opposite party no. 2.
Petitioner was earlier granted provisional
anticipatory bail vide order dated 12.01.2011 and
thereafter matter has been heard several times and
the husband – petitioner and the wife – opposite party
no. 2 also appeared in person before this Court.
However, the process of rapprochement could not
bear any fruit.
It is submitted on behalf of the petitioner
that he has already filed a matrimonial case before the
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Family Court, Buxar, bearing Matrimonial Case No.
55 of 2009 for restitution of conjugal life and the
matter is being proceeded therein. A petition was filed
by opposite party no. 2 on 11.3.2011 under Section 24
of the Hindu Marriage Act for grant of litigation cost
and maintenance during the pendency of the
aforesaid matrimonial case.
The aforesaid application has been disposed
of on 14.6.2011 directing the petitioner to make
payment of Rs. 3,000/- as litigation cost to the
opposite party no. 2 and a sum of Rs. 1000/- per
month towards maintenance allowance from the date
of the order. It is submitted that the petitioner is
regularly paying the amount. The aforesaid fact has
not been denied by the learned counsel for opposite
party no. 2.
In view of the aforesaid order and the fact
that a matrimonial case for restitution of conjugal
right was filed even before lodgment of the complaint
case concerned, as submitted on behalf of the
petitioner and not controverted by the opposite party
no. 2, the provisional anticipatory bail granted to the
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petitioner vide order dated 12.01.2011 is hereby made
absolute.
Accordingly, this application stands
disposed of.
Spd/- ( Dr. Ravi Ranjan, J.)