Jay Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.821 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad ====================================================== Jay Prakash S/o Upendra Singh R/o Village- Indra Youn Asthan 530 B Block Jamshedpur, P.O. and P.S.- Sonari, District- Purbi Singhbhum, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pallavi Kumari W/o Jay Prakash R/o vill - Indra Youn Asthan 530 B Block Jamshedpur, P.o. and P.S. - Sonari, Distt. - Jamshedpur Purbi Singhbhum Jharkhand ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Choudhary For the Respondent/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 23-06-2025 This is an application filed by the O.P./husband praying for setting aside of an order dated 28th August 2024 passed by the learned Principal Judge, Family Court at Aurangabad in Maintenance Case No. 121 of 2023 directing the petitioner to pay the maintenance to the O.P. No. 2 at the rate of Rs. 50,000/- per month from the date of filing of the petition under Section 125 of the CrPC. It is pertinent to mention here that the said application was disposed of ex parte on 28th August 2024. The said ex parte order is under challenge in the instant revision. It is specifically stated in the proviso to sub Section 2 of Section 126 of the CrPC as hereunder:-

Patna High Court CR. REV. No.821 of 2024(5) dt.23-06-2025 2/3 "Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper."

2. Plain reading of the above proviso is that an ex parte order of maintenance can be set aside if good cause is shown that the petitioner was prevented by sufficient cause to appear before the trial court when the maintenance case was disposed of.

3. In view of efficacious relief provided in sub Section 2 of Section 126 of the CrPC, this Court finds that the instant revision under Section 397 read with Section 401 of the CrPC is not maintainable.

4. The revisional application is thus, disposed of. In

Patna High Court CR. REV. No.821 of 2024(5) dt.23-06-2025 3/3 view of the disposal of the instant revisional application, I.A. No. 01 of 2025 filed in the instant revision be treated as disposed of.

(Bibek Chaudhuri, J) Suraj Dubey/- U T