Sanjeet Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.628 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Sanjeet Kumar, son of Late Chhabbu Mahto, resident of Village- Paharpur, P.S. Bibhutipur, District- Samastipur.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Shabnam Kumari, wife of Sanjeet Kumar, resident of Village- Paharpur, P.S. Bibhutipur, District- Samastipur at present address resident of VillageBasadhia, P.S. Dalsingsarai, District- Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy, Advocate For the Respondent/s :

Mr.Akhileshwar Dayal, A.P.P.

For the Informant :

Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2022 This revision application has been filed for setting aside the order dated 04.05.2018 passed by learned Principal Judge, Family Court, Samastipur in Maintenance Case No. 182 of 2014 whereby the petitioner has been directed to pay Rs. 3,000/- per month to the opposite party no. 2. Learned counsel for the petitioner submits that the informant-opposite party no. 2 has solemnized another marriage. This is the only submission which has been made before this Court.

Learned counsel for the applicant-opposite party no. 2 has opposed the submission of learned counsel for the petitioner

Patna High Court CR. REV. No.628 of 2018(3) dt.28-06-2022 2/2 and submits that such issues in respect of which no evidence has been led by the petitioner in the learned court below may not be allowed to be agitated before this Court in course of hearing of the revision application.

This Court is in agreement with the submission made on behalf of opposite party no. 2. If the petitioner wants modification of the order on any ground whatsoever the remedy is available to him but such remedy is not available in the revisional jurisdiction of this Court.

The only ground raised before this Court, therefore, fails. The revision application is dismissed. The opposite party no. 2 may pursue her matter in the learned court below for enforcement of the order in accordance with law. If any such application is pending before the learned Principal Judge, Family Court, Samastipur for enforcement of the order, the same will proceed expeditiously. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.