Shobha Devi @ Shaibya Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18831 of 2017 In CIVIL MISCELLANEOUS JURISDICTION No.278 of 2017 Arising Out of PS. Case No.-986 Year-2009 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Shobha Devi @ Shaibya Devi Wife of Ram Sawarup Singh, resident of Village- Manikpur, P.S.- Tarapur, District- Munger. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Ramswaroop singh, Son of late Bharoshi Singh, Resident of VillageManikpur, P.S. Tarapur, District- Munger, At/present Ambedkar Nagar, Barmashiya Hanuman Mandir Gali Near Indu Lodge Dewgher Jharkhand. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deep Nishi For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2023
1. Heard learned counsel for the petitioner and learned APP for the State along with learned counsel for the O.P. No. 2.
2. The learned counsel for the petitioner, after some arguments, seeks permission to withdraw the quashing application with liberty to raise all issues for seeking maintenance under Section 125 Cr.P.C. as it has been submitted by the learned counsel for the petitioner that in the present case no doubt the maintenance amount was enhanced from Rs. 2,000/- to Rs. 3,000/- in a case which was filed under Protection of Women from Domestic Violence Act, 2005 but then the
Patna High Court CR. MISC. No.18831 of 2017(6) dt.01-12-2023 2/2 petitioner is not in a position to sustain herself with meager amount of Rs. 3,000/-. The learned counsel further submits that the petitioner will move before the learned appropriate forum for seeking maintenance under Section 125 Cr.P.C thus seeks permission to withdraw the present quashing application.
3. Permission is accorded.
4. Since the Court has not interfered with the order impugned in the present application, as such, by no stretch of imagination, it can be construed that the order by which the maintenance was enhanced by the learned Trial Court has been interfered by this Court.
(Satyavrat Verma, J) Rishabh/- U T