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Patna High CourtCR. REV./995/2015dfd for non appearance

Dr. Manish Kumar Rai v. Shweta Kumari @ Shewta Rai

2019-09-06Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.995 of 2015 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Dr. Manish Kumar Rai, son of Jitendra Nath Rai, Resident of House No. 119/50, Daspora Road, P.S.- Liluah, District- Howrah West Bengal ... ... Petitioner/s

Versus

Shweta Kumari @ Shewta Rai Wife of Dr. Manish Kumar Rai, daughter of Bishwambhar Nath Rai Resident of Flat No. 201, Shanti Kunj Apartment, Maurya Path, Khajpura, District- Patna ... ... Respondent/s ====================================================== with CRIMINAL REVISION No. 205 of 2016 Arising Out of PS. Case No.- Year-1111 Thana- District- Patna ====================================================== Shweta Kumari @ Shweta Rai, W/o Dr. Manish Kumar Rai and Daughter of Sri Bishambhar Nath Rai, resident of Flat No. 201, Shakti Kunj Apartment, Maurya Path, Khajpura, Patna -800014.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Dr. Manish Kumar Rai, S/o Shri Jitendra Nath Rai, resident of 119/50, Darpara Road, P.S. Lilluah, District- Howarh, West Bengal. ... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL REVISION No. 995 of 2015) For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Mukesh Prasad Singh (In CRIMINAL REVISION No. 205 of 2016) For the Petitioner/s :

Mr. Mukesh Prasad Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2019 Sri Mukesh Prasad Singh, Advocate appearing on behalf of respondent Shweta Kumari @ Shweta Rai in Criminal Revision No. 995 of 2015 and also appearing in Criminal Revision No. 205 of 2016 on behalf of the petitioner Shweta

Patna High Court CR. REV. No.995 of 2015(6) dt.06-09-2019 2/3 Kumari @ Shweta Rai, is present, while learned counsel appearing on behalf of petitioner Dr. Manish Kumar Rai in Criminal Revision No. 995 of 2015 and O.P. No.2 in Criminal Revision No. 205 of 2016 is absent.

Sri Mukesh Prasad Singh, Advocate submits that both the Criminal Revisions have been preferred against the impugned order dated 31.10.2015 passed in Maintenance Case No. 194 (M) of 2012, whereby and whereunder, the Addl. Principal Judge, Family Court, Patna allowed the petition of Shweta Kumari @ Shweta Rai (respondent in Criminal Revision No. 995 of 2015) and petitioner in Criminal Revision No. 205 of 2016 with direction to her husband Dr. Manish Kumar Rai, who is petitioner in Criminal Revision No. 995 of 2015 and O.P. No.2 in Criminal Revision No. 205 of 2016 to pay Rs. 10,000/-, per month, as maintenance to his wife Shweta Kumari @ Shweta Rai from the date of filing of petition under Section 125 of the Cr.P.C. Being aggrieved through the impugned order Dr. Manish Kumar Rai, who was O.P. No.2 in Maintenance Case No. 194 (M) of 2012 filed Criminal Revision No. 995 of 2015 for reducing the amount of maintenance, whereas, applicant Shweta Kumari @ Shweta Rai filed Criminal Revision No. 205 of 2016 for enhancement of the maintenance amount. Now, the

Patna High Court CR. REV. No.995 of 2015(6) dt.06-09-2019 3/3 dispute has been settled and Shweta Kumari @ Shweta Rai does not want to proceed both cases.

In view of the submission of the learned counsel appearing on behalf of Shweta Kumari @ Shweta Rai, Criminal Miscellaneous No. 205 of 2016 is dismissed as withdrawn and Criminal Revision No. 995 of 2015 filed by Dr. Manish Kumar Rai against Shweta Kumari @ Shweta Rai is dismissed for non prosecution.

(Rajendra Kumar Mishra, J) manish/- U T