Rakesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7035 of 2018 ====================================================== Rakesh Kumar, Son of Bigan Ram, Resident of Village-Bhardua Chenari, P.S. -Chenari, District- Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar

2. Puja Devi, W/o Rakesh Kumar, Resident of Village-Khatoliya, P.O.- Khudia, P.S.- Shivsagar, District- Rohtas.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar Sinha, Sr. Advocate Mr. Abhinay Raj, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-08-2018 In view of the Division Bench judgment of this Court in Akil Ahmad vs. State of Bihar & Anr. [2016(4) PLJR 968], an application under Section 482 of the Code of Criminal Procedure challenging the order dated 07.09.2017 passed by the learned Principal Judge, Family Court, Rohtas at Sasaram in Maintenance Case No.53 of 2015 in a proceeding under Section 125 of the CrPC whereby he has directed the petitioner to pay Rs. 2,000/- as ad interim maintenance allowance to opposite party no.2 would not be maintainable.

Patna High Court Cr.Misc. No.7035 of 2018 (2) dt.21-08-2018 2/2 Accordingly, it is disposed of as not maintainable with liberty to the petitioner to file another application in the same subject matter before this Court challenging the order impugned in accordance with law under Article 227 of the Constitution of India.

(Ashwani Kumar Singh, J.) Sanjeet/- U T