Md. Irfan Anshari @ Irfan Anshari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9783 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH) =========================================================== Md. Irfan Anshari @ Irfan Anshari, Son Of Bhola Ansari, Resident Of Village - Turhapatti, Police Station - Chanpatiya, (O.P. Sirisiya), District -West Champaran. .... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Bismillah Khatoon, Wife of Md. Irfan Anshari and Daughter of Shahadat Anshari, Resident Of Village Turhapatti, Police Station - Chanpatiya, District - West Champaran, Presently Residing At Village - Rai Dhurwa, Police Station - Manuapul, District- West Champaran.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.7, Adv. For the Opposite Party no.1 : Mr. J. Upadhayay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 01-11-2017 Heard learned counsel for the petitioner and learned APP for the State. No one appears for the opposite party no.2. Petitioner is aggrieved by the order dated 13.11.2013 passed by learned Principal Judge, Family Court, Bettiah, West Champaran in Maintenance Case No.213 of 2012 by which the learned Principal Judge has allowed an interim maintenance of Rs.3500/- per month.

Learned counsel for the petitioner submits that the petitioner has no regular source of income. He is a person belonging to below poverty line and these aspects have not been considered by the learned Principal Judge. On the other hand, learned APP for the State submits that nowadays even a daily wage earner gets Rs.400/- per month and by no stretch of imagination a sum of Rs.3500/- per month is said to be excessive.

Patna High Court Cr.Misc. No.9783 of 2014 dt.01-11-2017 In the facts of the present case, I am of the view that the impugned order does not suffer from any illegality or infirmity. No ground could be made out to interfere with the same.

The application is, accordingly, dismissed.

Since the maintenance case is pending since the year 2012, it is expected that the learned Principal Judge, Family Court, Bettiah, West Champaran shall take up the same on priority basis and shall dispose of the same on its own merit within a period of six months from the date of receipt/production of a copy of this order.

(Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 02.11.2017 Transmission Date 02.11.2017