Baidyanath Das v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No. 1257 of 2012 Arising out of P.S. Case No. -null Year- null Thana -null District- - ======================================================== Baidyanath Das S/o Rajendra Das Resident of Village- Rasulpur Kothi, P.S.- Hayaghat, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Neelam Devi W/o Baidyanath Das Resident of Village- Rasulpur Kothi, P.S.- Hayaghat, District- Darbhanga, at Present Resident of Village- Milki Chak, P.S.- Bahadurpur, District- Darbhanga.
3. Shiv Dayal Das S/o Surendra Das Resident of Village and P.O.- Sidhaui, P.S.- A.P.M. Hayaghat, District- Darbhanga. .... .... Respondent/s ======================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Nath Jha, Adv. For the Respondent/s : Mr. Pranav Kumar, Adv. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-04-2015 It has been submitted that the Opposite Party No. 2 has remarried with the Opposite Party No. 3 and, therefore, the order dated 03.09.2012 passed by the Principal Judge, Family Court, Darbhanga in Maintenance Case No. 55 of 2009 by which he has allowed maintenance of Rs. 1,000/- per month to the Opposite Party No. 2 under Section 125 Cr.P.C. be set aside. On the last occasion, notices had been issued to the Opposite Party No. 2 but despite service of the same upon her none appears on her behalf.
Having accepted the submission so raised when there is no opposition in its regard from the Opposite
Patna High Court CR. REV. No.1257 of 2012 dt.20-04-2015 Party No. 2, the order dated 03.09.2012 passed by the Principal Judge, Family Court, Darbhanga in Maintenance Case No. 55 of 2009 is, hereby, set aside. The Application stands allowed.
However, if the Opposite Party No. 2 is aggrieved with the present order she may file an application in the Court below.
Vikash/- (Anjana Prakash, J.) U T