Md. Eklakqur Rahman @ Md. Eklakh @ Md. Eqbaluddin @ Md. Eklakhpur Rahman @ Akbaluddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1004 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Md. Eklakqur Rahman @ Md. Eklakh @ Md. Eqbaluddin @ Md. Eklakhpur Rahman @ Akbaluddin Son Of Md. Israil, Resident Of Village P.O. Sagardina, Police Station- Bihariganj, District- Madhepura. ... ... Petitioner

Versus

1.

State Of Bihar 2.

Subrana Khatoon daughter of Md. Eklakhqur Rahman @ Md. Eklakh, resident of Village P.O. Sagardina, Police Station- Bihariganj, DistrictMadhepura. At present Madhepura Town Ward No. 13, Veterinary Hospital Road, Madhepura.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Mannan Khan, Advocate For the Opposite party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-08-2022 Learned counsel for the petitioner submits that the petitioner has already complied with the directions contained in the judgment/order dated 12.03.2018 passed by learned Principal Judge, Family Court, Madhepura in Misc. (Maintenance) Case No. 25 of 2015.

Learned counsel for the petitioner submits that in view of the 1st proviso to Sub-Section (1) of Section 125 Cr.P.C., the minor female child referred to in clause (b) under SubSection (1) of Section 125 Cr.P.C. shall be entitled for the allowance until she attains her majority. Learned counsel submits that in this case, the petitioner has paid the maintenance amount to the minor daughter for the period till she attained

Patna High Court CR. REV. No.1004 of 2018(6) dt.25-08-2022 2/2 majority, therefore, he may be granted liberty to file an appropriate application under Section 127 Cr.P.C. in the learned court below.

Having regard to the submissions noted hereinabove, this Court disposes of the present application with liberty to the petitioner as prayed for. If any such application is filed in the learned court below, the same will be considered in accordance with law after giving due opportunity of hearing to both the parties.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U 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'.