Iftekhar Khan @ Iffekhar Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57321 of 2015 Arising Out of PS.Case No. -843 Year- 2013 Thana -BHABHU (KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ====================================================== Iftekhar Khan @ Iffekhar Khan Son of Mohd. Nurhasan Khan Resident of Village-Saraila, P.S. Dildar Nagar, District Gajipur (U.P) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nafisa Khatun wife of Iftekhar Khan, daughter of late Mohammad Ekbal Khan, Resident of Village - Bhakasi, Post Dildarnagar, P.S. Dilgarnagar, District Gazipur(U.P), Present address, Resident of Village-Akhini, P.S. Nuaon, District Kaimr at Bhabua.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-03-2016 The petitioner seeks quashing of the order dated 01.03.2014 passed by the Judicial Magistrate I, Kaimur at Bhabua in Complaint Case No. 843 of 2013, corresponding to Tr. no. 8715 of 2014, fixing maintenance of Rs. 5000/- per month in favour of the opposite party no. 2.

The petitioner submits that he is paying maintenance of Rs. 1000/- per month to the opposite party no. 2 and he is unable to Rs. 5000/- per month as directed by the court below since he earns only Rs. 3000 - 4000/- per month. In such circumstances, the court below is directed to reconsider its decision after giving opportunity to both the parties and pass final order within three weeks from the date of receipt of

Patna High Court Cr.Misc. No.57321 of 2015 (2) dt.15-03-2016 2/2 a copy of this order.

With such observations, this application stands disposed of.

(Anjana Prakash, J) Dilip/- U T