Sainullah Mian v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.851 of 2014 =========================================================== Sainullah Mian, S/o Ganni Mian, resident of Village- Bishambharpur, P.S.- Dhaka, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bibi Khatoon Nessa, W/o Sainullah Mian, D/o Late Isa Mohammad Ansari, resident of Village- Bishambharpur, P.S.- Dhaka, District- East Champaran. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the O.P. No. 2 : Mr.Virendra Kuar, Adv. For the Respondent/s : Mr. Gopesh Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 09-02-2017 Heard the parties.
2. This application has been preferred against the order, dated 13.08.2014, passed in Maintenance Case No. 326 of 2008/M.C. No. 53 of 2010, whereby, the learned Principal Judge, Family Court, East Champaran, at Motihari, has rejected the petitioner's application filed under Section 126 of the Code of Criminal Procedure.
3. It transpires from the materials on record that
Patna High Court CR. REV. No.851 of 2014 dt.09-02-2017 2/3 earlier by an order, dated 05.02.2005, learned Sub-Divisional Judicial Magistrate, Sikrahna, at Dhaka (East Champaran) had directed the petitioner to pay maintenance allowance @ Rs. 1,000/- per month to opposite party No. 2. The opposite party No. 2 had preferred revision application before learned Additional Sessions Judge, Fast Track Court No.-V, Motihari, against the said order, dated 05.02.2005, which was set-aside vide an order, dated 04.08.2006, on the ground of the same being an ex-parte order. The said order passed by learned Additional Sessions Judge, dated 04.08.2006, was challenged by opposite party No. 2 before this Court, being Cr. Revision No. 65 of 2007, which came to be dismissed of by an order dated 01.09.
2008, whereby, this Court had refused to interfere with the impugned order. Subsequently, the said Maintenance Case No. 326 of 2008 came to be finally disposed of by the learned Principal Judge, Family Court, Motihari by an order, dated 01.06.2009, whereby, the petitioner was asked to pay monthly maintenance @ Rs. 1,000/- with effect from 12.07.2002. The petitioner, thereafter, challenged the said order before this Court by filing Cr. Revision No. 48 of 2012, which came to be disposed of by an order, dated 10.12.
Patna High Court CR. REV. No.851 of 2014 dt.09-02-2017 3/3 before the court below within a period of four weeks from the said date. The petitioner, thereafter, filed an application before the court below, but beyond stipulated period of four weeks time, as granted to him. In such circumstance, learned Principal Judge, Family Court, East Champaran, at Mothihari, has rejected the petitioner's application.
4. I do not find any reason to interfere with the impugned order. This application has no merit and is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.02.2017 Transmission Date 10.02.2017