Patna High CourtCR. REV./861/2014dismissed

Md. Mausim Ansari @ Chote Mian v. State Of Bihar And ANR

2017-02-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.861 of 2014 ======================================================

1. Md. Mausim Ansari @ Chote Mian Son of Late Abdul Jabbar Ansari Resident of Village - Thadhi, Police Station - Chandradih, District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Asida Khatoon Daughter of Late Majeer @ Manir Ansari, Wife of Md. Maushim Ansari Resident of Village - Thadhi, Police Station - Chandradih, District - Jamui.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Respondent/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.

The petitioner is, admittedly, the husband of Opposite Party No. 2. He is aggrieved by an order, dated 05.07.2014, passed in Maintenance Case No. 103M of 2011, in exercise of power under Section 125 of the Code of Criminal Procedure, 1973, whereby the Court has allowed monthly maintenance allowance at the rate of Rs. 2,500/-.

The sole plea, which has been taken on behalf of the petitioner to assail the impugned order, is that the

Patna High Court CR. REV. No.861 of 2014 (4) dt.22-02-2017 2/2 petitioner is unemployed and he is not in a position to pay monthly maintenance allowance at the said rate. Considering the meager amount, which has been awarded as monthly maintenance allowance by the Court below, I do not consider it to be fit case for interference.

This application has no merit, which is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √