Raj Kumar Prasad v. State Of Bihar Through The Home Secretary, Govt. Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1817 of 2017 Arising Out of PS. Case No.-75 Year-2011 Thana- DOMESTIC VIOLENACE District- Patna ====================================================== Raj Kumar Prasad s/o Late Nokhi Prasad resident of Gud Ki Mandi, P.S. Alamganj, District Patna at present residing at Mohalla Jangalia, Gopalganj Town, District Gopalganj.

... ... Petitioner/s

Versus

1.

State Of Bihar Through The Home Secretary, Govt. Of Bihar and Anr 2.

Rajeshwari Gupta daughter of Raghunath Sah resident of Pakaridayal, P.S. Pakaridayal, District West Champaran, at present residing near Alamganj Chowki, P.S. Alamganj, District Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. K.M.Joseph For the Respondent/s :

Mr. Makeshwar Tiwari, AC to AAG-3 ===================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2023 Heard the parties.

In this case, the petitioner is challenging the order dated 30.06.2017 in D.V. Case No. 75 of 2011, passed by learned Additional Chief Judicial Magistrate-cum- Sub-JudgeXII, Patna by which the learned Court below has directed the petitioner to pay maintenance of Rs. 2,500/- per month to the respondent no.2.

I have perused the impugned order dated 30.06.2017 and found that there is no illegality or infirmity in the impugned order. In the opinion of this Court, the maintenance amount awarded by the Court below is just and proper.

Patna High Court CR. WJC No.1817 of 2017(2) dt.24-03-2023 2/2 In view of the aforesaid, this application is dismissed.

However, the Court below will consider the defence of the petitioner that the petitioner was not married to respondent no.2. and will proceed with the matter expeditiously because very marriage is under dispute.

(Sandeep Kumar, J) Guddu/- U T