BRAJESH KUMAR @ BRAJESH PANDEY v. The State of Bihar
CR. MISC./76278/2023 · 2026-07-27
Sandeep Kumar
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2095 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2095 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76278 of 2023 In CRIMINAL MISCELLANEOUS No.18474 of 2015 Arising Out of PS. Case No.-1244 Year-2013 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Brajesh Kumar @ Brajesh Pandey S/O Shri Markandey Pandey Village- Ratanpur, Ps. Raxaul, Dist. East Champaran, At Present Residing At Raxaul Koyeeri Tola, Ward No. 25 (Near Nagarpalika Office), Ps. Raxaul, Dist. East Champaran. ... ... Petitioner/s Versus
1. The State of Bihar
2. Archana @ Sundaram Devi @ Archana Devi W/O Brajesh Kumar @ Brajesh Pandey, D/O Radha Raman Tiwari Resident Of Raxaul Koyeeri Tola, Ward No. 25 (Near Nagarpalika Office), Ps. Raxaul, Dist. East Champaran At Present Residing At Pathandi, Ps. Majhaulia, Dist. West Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binay Kant Mani Tripathi, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 27-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. This is an application for modification of the order dated 30.04.2015 passed in Cr. Misc. No. 18474 of 2015 by this Court, by which the petitioner was granted bail in connection with Complaint Case No. 1244C of 2013 with certain conditions.
3. Learned counsel for the petitioner submits that O.P. No. 2 has got remarried and now she is not entitled for any maintenance from the petitioner.
Patna High Court CR. MISC. No.76278 of 2023(3) dt.27-07-2026 2/2
4. Upon considering the facts and circumstances of the case as well as the materials available on record, this application is disposed of with liberty to the petitioner to file an application before the learned Magistrate concerned raising all his grievances.
5. If the learned Magistrate concerned, finds that the O.P. No. 2 (wife of the petitioner) has got remarried, the petitioner shall not be required to pay any maintenance to O.P. No. 2.
6. Such an order shall be passed only after giving an opportunity of hearing to learned counsel for Opposite Party No.
2. Any such application filed by the petitioner shall be disposed of by the learned Magistrate within one month from the date of its filing.
tusharika/- (Sandeep Kumar, J) U T