Patna High CourtCR. REV./780/2019dismissed

Satyendra Kumar v. The State Of Bihar

2023-02-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.780 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Jamui ====================================================== Satyendra Kumar Son of Naval Kishore Singh R/O Varsaliganj, P.S.- Varsaliganj, District - Nawada (M) ... ... Petitioner

Versus

The State Of Bihar 2.

Munita Devi Wife of Satendra Kumar D/O Shri Kant Singh, R/O Prajosh, P.S.- Sikandra, District - Jamui ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Kumar Sharma, Advocate For the Respondent/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2023 This criminal revision application has been filed against order dated 24.5.2019, passed by learned Principal Judge, Family Court, Jamui in Misc. Case No. 9 of 2014, by which learned Principal Judge has allowed the petition filed by respondent no. 1 under Section 127(1) of the Cr.P.C. and directed the petitioner to pay Rs. 7,000/- per month to opposite party no.1, who is wife of petitioner.

It is submitted by learned counsel for the petitioner that order dated 24.5.2019 is ex-parte order as due to lack of information, petitioner could not appear in the Court on that date. Furthermore, petitioner is serving as soldier in the Indian Army in lowest cadre and as a matter of fact respondent herself refused to live at her matrimonial house. He also submits that

Patna High Court CR. REV. No.780 of 2019(4) dt.25-02-2023 2/2 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. 7,000/- per month to respondent no.1, who happens to be wife of petitioner, in this age of high inflation and soaring rise in the price of 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