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Patna High CourtCR. REV./385/2020dismissed

Ranveer Kumar v. The State Of Bihar

2023-02-21Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.385 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Munger ====================================================== RANVEER KUMAR S/o Krishana Nandan Singh @ Krishna Nand Singh Resident of Village-Deoghara, P.O-Amarpura, P.S.-Mednichowki, DistrictLakhisarai. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ruchi Kumari @ Ruchi Rani W/o Ranveer Kumar D/o Anik Mehta At present Resident of Village-Maksaspur (Near-Bajrangbali Mandir), Dhobi Tola, Police Station-Kasim Bazar, District-Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.K.Lal Mr.Rabi Bhushan For the Respondent/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2023 This criminal revision application has been filed against order dated 27.11.2019 passed by learned Principal Judge, Family Court, Munger in Maintenance Case No. 99 of 2018 whereby and whereunder the learned Principal Judge has allowed the petition filed by opposite party no. 2 under Section 125 Cr.P.C. and directed the petitioner to pay Rs. 8,000/- (five thousand) per month to opposite party no. 2, who is wife of petitioner, as maintenance.

It is submitted by learned counsel for the petitioner that order is ex-parte and as such, petitioner could not get an opportunity to pursue the case.

Patna High Court CR. REV. No.385 of 2020(5) dt.21-02-2023 2/3 From perusal of paragraph 3 of the impugned order dated 27.11.2019, it appears that summons and registered notices were issued and served to the petitioner. Despite valid service of notice, petitioner did not choose to appear. Moreover, it is not in dispute that petitioner is an army personnel and his monthly salary is about Rs. 35,000/- (Thirty five thousand), as per impugned order.

I have carefully perused the impugned order. The monthly maintenance amount of Rs. 8,000/- (eight thousand) to wife of petitioner in this age of high inflation cannot be said to be on higher side or excessive. I do not find any illegality or perversity in the impugned order, which requires any interference by this Court, and accordingly, this criminal revision application stands dismissed.

At the same time, the interlocutory application i.e. I.A. No. 1 of 2022, filed on behalf of petitioner for setting aside / staying the order dated 24.08.2022 passed in Vividh Case No. 13 of 2020 (arising out of Maintenance Case No. 99 of 2018) by learned Principal Judge, Family Court, Munger whereby petition filed under Section 128 Cr.P.C. by opposite party no. 2 was allowed and petitioner has been directed to pay due amount of Rs. 3,44,000/- to the opposite party no. 2, is also

Patna High Court CR. REV. No.385 of 2020(5) dt.21-02-2023 3/3 dismissed.

(Prabhat Kumar Singh, J) anay/- U T