Sanjeet Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1165 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Sanjeet Kumar Jha, Son of Late Gunanand Jha, resident of Village- Sahabad, P.S.- Sultanganj, District- Bhagalpur, at present residing at Jha Colony, P.S.- Dhansar, District- Dhanbad within the State of Jharkhand. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Babita Kumari, Wife of Sanjeet Kumar Jha, Daughter of Devnarayan Mishra, Resident of Village- Sahabad, P.S.- Sultanganj, District- Bhagalpur, at present residing at Village- Bhojua, P.S.- Gogari, District- Khagaria. 3.

Chahat Raj, Son of Sanjeet Kumar Jha, Daughter of Devnarayan Mishra, resident of Village- Sahabad, P.S.- Sultanganj, District- Bhagalpur, at present residing at Village- Bhojua, P.S.- Gogari, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha For the Respondent/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 12-12-2023 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for State.

2. It is submitted by the learned Advocate for the petitioner that the petitioner does not want to proceed with the instant revision and the application may be dismissed as withdrawn.

3. Learned Advocate for the Opposite Party No. 2 submits that the instant revision arises out of an order passed in a maintenance proceeding. On 2nd of September,

Patna High Court CR. REV. No.1165 of 2018(3) dt.12-12-2023 2/2 2022, a Co-ordinate Bench of this Court specifically directed the petitioner to make payment of arrears and current maintenance in favour of Opposite Party No. 2. In spite of such order, the petitioner has failed and neglected to pay both arrears and current maintenance.

4. It is submitted by the learned Advocate for the petitioner that the petitioner is in the process of assessing the arrears/maintenance and he will pay the amount after such assessment.

5. Since the petitioner has withdrawn the instant revision, the impugned order of maintenance remains in force. If the Opposite Party No. 2 does not pay, both arrears and current maintenance, the petitioner is at liberty to file execution proceeding in the appropriate forum. With the aforesaid observation/direction, the instant revision stands dismissed as withdrawn. (Bibek Chaudhuri, J) skm/- U