Patna High CourtCR. REV./606/2023disposed

Karu Yadav v. The State Of Bihar

2024-07-25Mr. Justice Arvind Singh Chandel2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.606 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Gaya ====================================================== KARU YADAV Son of Late Ram Lakhan Yadav R/o vill - Baiju Bigha, P.s. - Bodh Gaya, Distt. - Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

Shanti Devi W/o Sri Karu Yadav R/o vill - Baiju Bigha, P.S. - Bodh Gaya, Distt. - Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh For the Respondent/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 25-07-2024 The Interlocutory Application has been filed for condonation of delay in filing the revision application, which is barred by 46 days'.

2. Heard.

3. For the reasons stated in the application, delay in filing the revision application is condoned.

4. Accordingly, Interlocutory Application stands allowed.

Cr. Revision No. 606 of 2023

1. Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. This revision petition has been preferred being aggrieved with the order dated 01.10.2019 passed by the learned

Patna High Court CR. REV. No.606 of 2023(4) dt.25-07-2024 2/2 Principal Judge, Gaya in Misc. Case No. 35 of 2016, whereby and whereunder the Family Court allowed the application submitted under Section 125 of Cr. P.C. by the respondent no.2 and the petitioner was directed to pay monthly maintenance amount of Rs. 10,000/- to his wife and Rs. 5000/- each to her two daughters namely, Veena Kumari and Babita Kumari.

3. Learned counsel for the petitioner submits that after passing the judgment dated 01.10.2019, the petitioner has retired from the service on 31.01.2022. Therefore, as of now, he is unable to pay entire maintenance amount as directed by the learned Trial Court.

4. Considering the above submission made by the learned counsel for the petitioner, the revision petition is disposed of with liberty to the petitioner to make an application under Section 127 of Cr. P.C. before the learned Family Court for modification/alteration of the impugned order dated 01.10.2019 on the ground of retirement of the petitioner.

5. With the above liberty, this revision application is disposed of.

(Arvind Singh Chandel , J) shailendra/- U T