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Patna High CourtCR. MISC./4104/2015dismissed

Suresh Chaudhary v. State Of Bihar And ANR

2018-08-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4104 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- MADHUBANI =========================================================== Suresh Chaudhary, Son of Satya Narayan Choudhary, Residing at Village - Babhandumari, Purwari Tola, P.S. - Rahika, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lalti Devi, W/o Suresh Chaudhary, D/o Yogendra Choudhary, Resident of Village - Sarisavashi, P.S. - Pandaul, District - Madhubani. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kripa Nand Jha, Advocate. For the Opposite Party/s : Mr. Atul Chandra, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 06-08-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 7.11.2014 passed by the Principal Judge, Family Court, Madhubani, in M.R. No. 124 of 2013 by which the petitioner was directed to make payment of ad-interim maintenance of Rs.1,500/- per month to the wife (opposite party No. 2).

2.

Heard learned counsel for the petitioner and learned counsel for the opposite party No. 2. 3.

Counsel for the petitioner submits that case is still pending for evidence in the court of Principal Judge, Family Court, Madhubani. It is only order of ad-interim maintenance of Rs.1,500/-

Patna High Court Cr.Misc. No.4104 of 2015 dt.06-08-2018 2/2 per month which is to be paid by the petitioner to opposite party No. 2.

4.

Therefore, this Court is not inclined to interfere with the impugned order at this stage.

5.

This Criminal Miscellaneous application is accordingly dismissed.

6.

The court below is directed to make all efforts to conclude the maintenance case positively within a period of six months from the date of receipt of this order by giving short adjournment and pass final order in the case. (Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14/08/2018 Transmission Date 14/08/2018