Guljar Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.179 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Guljar Mukhiya S/o Sajawal Mukhiya, Resident of Village-Basmanpur Kakahia tola Police station-Motihari Muffasil, District-East Champaran. ... ... Petitioner/s

Versus

1.

State Of Bihar and 2.

Sunita Devi D/o Jimdar Mukhia R/o Saraswa Ghat Police Station-Chiraiya, District-East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Gautam, Advocate For the Respondent/s :

Ms/Mrs. Sucheta Yadav, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2023 This criminal revision application has been filed against order dated 26.8.2016, passed by learned Principal Judge, Family Court, Motihari, East Champaran in Maintenance Case No. 134/2010, by which the learned Principal Judge has allowed the petition filed by opposite party no. 1 under Section 125 Cr.P.C. and directed the petitioner to pay Rs. 3,000/- per month to opposite party no.2 since August 2016 and further ordered Rs.2000/- to be paid to her as ad interim maintenance to her for the period from 3.11.2010 till July 2016 and Rs.5000/- as litigation cost.

It is submitted by learned counsel for the petitioner that the petitioner is a poor labourer and he hardly earns to meet

Patna High Court CR. REV. No.179 of 2017(4) dt.22-02-2023 2/2 out his livelihood. He submits that without assessing the income of the petitioner and considering any documentary evidence placed by petitioner, the impugned order has been passed. I have carefully perused the impugned order. The monthly maintenance allowance of Rs. 3,000/- per month to wife of petitioner and Rs.5000/-as litigation cost, in this age of high inflation and soaring rise in prices of household commodities, cannot be said to be on higher side or excessive. I do not find any illegality or irregularity in the impugned order, which requires any interference by this Court. Accordingly, this criminal revision application stands dismissed.

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