Patna High CourtCR. REV./978/2014dismissed

Inteshar Imteyaz v. State Of Bihar And ANR

2017-02-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.978 of 2014 ======================================================

1. Inteshar Imteyaz Son of Late Md. Shish Resident of Mohalla- Chowk Rasool Colony, Bhadhaha, Police Station- Madhubani Town, DistrictMadhubani At Present resident of Mohalla- Alam Tola, Ward No.-9, Police Station- Forbesganj, District- Araria .... .... Petitioner

Versus

1. The State of Bihar

2. Bibi Zamal Ara @ Rafat Khatoon daughter of Late Kamrul Hoda resident of village- Darbar Tola, Sakri, Police Station- Sakri, District- Madhubani .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Respondent/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. By the impugned order, dated 21.07.2014, passed in M. R. Case No. 90 of 2010, learned Principal Judge, Family Court, Madhubani, has allowed monthly maintenance allowance at the rate of Rs. 3,000/- to Opposite Party No. 2. The said order has been passed in exercise of power under Section 125 of the Code of Criminal Procedure, 1973.

There is no dispute over the relationship between the petitioner and the Opposite Party No. 2 of husband and wife.

I have perused the impugned order, from which

Patna High Court CR. REV. No.978 of 2014 (3) dt.16-02-2017 2/2 it appears that learned Court below, after deciding the issues in relation to the ability of the petitioner to maintain and whether he had neglected the Opposite Party No. 2 and other relative issues, has fixed the said amount of monthly maintenance at the rate of Rs. 3,000/-.

The amount cannot be said to be excessive, requiring interference of this Court in criminal revisional jurisdiction.

I find no merit in this application, which is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √