IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33264 of 2010
RAMESH PRASAD SRIVASTAVA @ RAMESH KUMAR SRIVASTAVA, SON OF SRI
PRAMOD PRASAD SRIVASTAVA, RESIDENT OF VILLAGE PUNADEAH, P.S. DIDAR
GANJ, DISTRICT PATNA.
---------------------------------------------------------------------------------------------------- PETITIONER
Versus
THE STATE OF BIHAR.
--------------------------------------------------------------------------------------------- OPPOSITE PARTY
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4 14.3.2011 Heard the parties.
Despite Court’s best efforts both
the parties find it impossible to live with
each other. Infact this Court had also
asked the petitioner to pay a sum of Rs.
1500/- per month as maintenance. The
petitioner complied for one month and
thereafter did not comply and refused to
make payment. The reason as disclosed by
the petitioner in person in front of his
wife was that despite his best efforts, his
wife does not even allow him to meet the
children and has poisoned the children’s
mind against him. The allegation of course
was vehemently denied by the complainant.
A case for restitution of conjugal
right is also pending in the Court below.
The conciliation proceedings are taking
place in the restitution matter.
Considering all aspects of this case
2
including the under currents between the
husband and wife, I do not think that this
is a case in which the petitioner should be
forced to face incarceration.
In the result, the provisional
anticipatory bail granted on 12.10.2010 in
connection with Complaint Case No. 413 of
2009 is hereby confirmed.
Sanjay ( Sheema Ali Khan, J.)