Md. Firoz Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1264 of 2017 ====================================================== Md. Firoz Alam son of Md. Mumtaz Shah resident of Village : Itawa, Parsathua, P.S. : Kochas, District : Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ajum Khatoon wife of Md. Firoz Alam, D/o Imtiyaz Sah @ Jhunnu resident of Village : Itawa, Parsathua, P.S. : Kochas, District : Rohtas, at present resident of Village : Sonwarsa, P.S. : Kudra, District : Kaimur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-05-2017 The present application has been filed for quashing the order dated 26.08.2016 passed by learned Principal Judge, Family Court, Kaimur at Bhabua in Maintenance Case No. 84 of 2015, whereby the petitioner was directed to make payment of interim maintenance of Rs.3,000/- per month to opposite party no. 2 in a proceeding under Section 125 of the Code of Criminal Procedure.

In view of the ratio laid down by the Division Bench in the case of Md. Akil Ahmad Vs. State of Bihar, reported in 2016(4) PLJR, 968 against the interim order of maintenance granted under Section 125 Cr.P.C. the remedy available to the petitioner is writ application under Article 227 of the Constitution

Patna High Court Cr.Misc. No.1264 of 2017 (2) dt.22-05-2017 2/2 of India.

Hence, learned counsel for the petitioner is permitted to convert this application into an application under Article 227 of the Constitution of India within a period of one week after annual vacation, failing which this application shall stand dismissed without further reference to the Bench. (Dinesh Kumar Singh, J) DKS/- U T