Vinod Kumar Singh @ Binod Singh v. Suman Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No. 639 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj ====================================================== VINOD KUMAR SINGH @ BINOD SINGH Son of Janardan Singh Resident of Village - Telhua, Dera Tola, P.S.- Nautan, Distt.- West Champaran.

... ... Petitioner/s

Versus

Suman Devi W/o Vinod Kumar Singh @ Binod Singh , D/o Lalbabu Singh Resident of Village - Heera Pakad, P.S.- Jodopur, Distt.- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the Respondent :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 05-12-2024 The present petition has been preferred against the exparte order dated 15.01.2021 passed by learned Principal Judge Family Court, Gopalganj, in Maintenance Case No. 205 of 2019.

2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the ex-parte proceeding against the petitioner because without any service of notice and hearing him, the impugned order has been passed.

3. However, Section 126 Cr. PC provides for setting aside the ex-parte hearing if good cause is shown by the petitioner within three months from the date of order.

4. Hence, the petitioner is seeking permission to withdraw the present petition to file appropriate application

Patna High Court CR. REV. No. 639 of 2021(3) dt.05-12-2024 2/2 before learned Family Court, Gopalganj, under Section 126 Cr. PC.

5. Permission is accorded.

6. Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner to file an appropriate application before learned Family Court, Gopalganj. (Jitendra Kumar, J.) ramesh/S. Ali/- U T