Patna High CourtCR. REV./888/2011disposed

Md Mokhtar v. The State Of Bihar And ANR

2015-02-23Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.888 of 2011 ======================================================

1. Md Mokhtar S/O Late Hamid Miaya Resident Of Village- Beshabon, P.O- Naharpur, P.S- Jandaha, District- Vaishali. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Firoja Khatoon D/O Md. Jahir And D/O Md. Mokhtar Resident Of Village- Beshabon, P.O- Narharpur, P.S- Jandaha, District- Vaishaili, At Present Residing At Village- Rajitpur Saidat, P.S- Bidupur, DistrictVaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha For the Respondent/s : Mr. Ajay Kumar Jha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 23-02-2015 No one appears on behalf of the Opposite Party no. 2 on repeated dates.

The petitioner is aggrieved with the order dated 06.06.2011 passed in Maintenance Case No. 201 of 2007 by which the Principal Judge, Vaishali at Hajipur has allowed the maintenance of Rs. 3,000/- to the Opposite Party no. 2 and further a lump sum amount of Rs. 20, 000/- for expense on petition filed under Section 125 Cr.P.C.

It has been submitted by the petitioner that he earns only Rs. 6-8000/- per month and in fact his wife had fled away from his Sasural with her brother-in-law to whom she has married. It is under these circumstances, the petitioner seeks revision of the

Patna High Court CR. REV. No.888 of 2011 (15) dt.23-02-2015 2/2 amount.

Considering the aforesaid aspects, the amount of Rs. 3000/- is reduced to Rs. 1000/- per month and Rs. 20,000/- is reduced to Rs. 10,000/- from the date of this order. The petitioner is also liberty to file an application under Section 126 Cr.P.C for revising the aforesaid amount on the ground that the lady has remarried and thus she is not entitled for any maintenance. With the aforesaid observations, the application stands disposed of.

(Anjana Prakash, J) Prakash/- U T