Patna High CourtCR. REV./238/2019converted

Shankar Suman v. The State Of Bihar And ANR

2024-09-23Mr. Justice Arvind Singh Chandel2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.238 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Samastipur ====================================================== SHANKAR SUMAN Son of Chandra Mohan Singh Resident of VillageLalpur, Sharopatti, Police Station- Singheshwar, District- Madhepura. ... ... Petitioner/s

Versus

The State Of Bihar 2.

Pallavi Singh Daughter of Ghanshyam Singh, Wife of Shankar Suman Resident of Village- Lalpur, Sharopatti, Police Station- Singheshwar, District- Madhepura, at present - Pallavi Singh, Daughter of Ghanshyam Singh, Resident of Village- Sari, Police Station- Warishnagar (Mathurapur O.P.), District- Samastipur.

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Adv.

For the State :

Ms.Renu Kumari, APP.

For the O.P. No. 2 :

Ms. Nidhi Anand, Adv.

Ms. Suruchi Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 23-09-2024 This revision petition has been preferred by the petitioner challenging the impugned order passed by the learned Family Court whereby the learned Family Court passed the order of interim maintenance.

2. In case of Jitendra Sharma vs. Richa Singh and Chandra Prakash Gupta @ Chandra Prakash vs. Soni Kumari & Anr in Criminal Revision Nos. 311/2024 and 318/2024 respectively, this Court arrived on the conclusion that till the reference is decided by the larger Bench in case of Dr. Dilip Kumar vs. State of Bihar and Another in Criminal Misc. No.

Patna High Court CR. REV. No.238 of 2019(11) dt.23-09-2024 2/2 6740/2016 reported in 2019 SCC Online Patna 1520. The law laid down in the case of Md. Akil Ahmad vs. State of Bihar and Others reported in (2016) 4 PLJR 968 will construe the binding precedent and continue to hold the field till the same is overruled by the larger Bench.

3. Considering the above observations made by this Court, learned counsel for the petitioner in this case is also directed to convert this revision petition into the application under Article 227 of the Constitution of India within two weeks' from today, there after stamp reporting shall be done and upon removal of the defects, if any, the matter shall be listed before appropriate Bench having roster.

(Arvind Singh Chandel , J) tusharika/- U