Md. Manjar Alam @ Md.Manjar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5167 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- PURNIA =========================================================== Md. Manjar Alam @ Md. Manjar, son of Sk. Domar, resident of village Kushaha, P.S. Kasba, Distt. Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Wasika Khatoon, wife of Md. Manjar Alam, daughter of Md. Waris, resident of village Kushaha, P.S. Kasba, Distt. Purnea.

3. Jisan, son of Md. Manjar Alam

4. Faizan, son of Md. Manjar Alam Both are minor sons through their guardian (mother), opposite party No. 2 and residing with their mother village Kushaha, P.S. Kasba, Distt. Purnea. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Md. Hussain, Advocate. For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 17-09-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 09.11.2015 passed by the Principal Judge, Family Court, Purnea, in Maintenance Case No. 64 of 2014 by which the petitioner was directed to make payment of interim maintenance of Rs.4,000/- per month to the wife (opposite party No. 2) and her two minor sons (opposite party Nos. 3 and 4).

2.

Heard learned counsel for the petitioner and learned counsel for the opposite party No. 2. 3.

From the impugned order it appears that no final

Patna High Court Cr.Misc. No.5167 of 2016 dt.17-09-2018 2/2 order has been passed by the Principal Judge, Family Court, Purnea. It is only order of interim maintenance of Rs.4,000/- per month which is to be paid by the petitioner to his wife opposite party No. 2 and two children.

4.

Therefore, this Court is not inclined to interfere with the impugned order at this stage.

5.

This Criminal Miscellaneous application is accordingly dismissed.

6.

The court below is directed to make efforts to pass final order in maintenance case filed by opposite party No.2 preferably within a period of six months from the date of receipt of this order by giving short adjournment.

(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24/09/2018 Transmission Date 24/09/2018