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Patna High CourtCR. REV./1226/2016dismissed

Aftab Alam v. State Of Bihar And ANR

2018-01-03Mr. Justice Arun Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1226 of 2016 ====================================================== Aftab Alam S/o Mohamad Keyamuddin, resident of Village- Saran, P.S.- Doriganj, District- Saran at Chhapra.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sitara Khatoon, D/o Mohamad Tahir Hussain, resident of VillageMohan Sekhpura, P.S.- Amnour, District- Saran. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Saket Tiwary For the Respondent/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 03-01-2018 This revision application is filed against the interim maintenance order passed by the Family Court, Saran at Chapra under Section 125(1) Cr.P.C. The revision application is not maintainable in case of interim order in view of Section 19(4) of the Family Courts Act, 1984 and the issue has already been decided by a Division Bench of this Court in the case of Md. Akil Ahmad vs. State of Bihar, reported in 2016 (4) PLJR 968; only remedy available to the petitioner is to file a petition under Article 227 of the Constitution of India.

Accordingly, this application stands dismissed as not maintainable with liberty to the petitioner to file a petition under Article 227 of the Constitution of India.

(Arun Kumar, J.) S.Kumar/- U T