Manoj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1526 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== MANOJ THAKUR, Son of Late Dinesh Thakur Resident of Village - Parman, P.S. Katoria, District - Banka State- Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anupam Devi Wife of Manoj Thakur Minor Son of Manoj Thakur through Anupam Devi guardianship of minor sons of mother Anupam Devi, resident of Village- Parman, P.S. Katoria, District - Banka (Bihar). At present Address- Anupam Devi daughter of Gurudeo Thakur, Resident of Parariya Gram Kachhari Bahera, P.S. and District- Banka (Bihar). 3.

Chandan Kumar Son of Manoj Thakur Minor Son of Manoj Thakur through Anupam Devi guardianship of minor sons of mother Anupam Devi, resident of Village- Parman, P.S. Katoria, District - Banka (Bihar). At present Address- Anupam Devi daughter of Gurudeo Thakur, Resident of Parariya Gram Kachhari Bahera, P.S. and District- Banka (Bihar). 4.

Prince Kumar Son of Manoj Thakur Minor Son of Manoj Thakur through Anupam Devi guardianship of minor sons of mother Anupam Devi, resident of Village- Parman, P.S. Katoria, District - Banka (Bihar). At present Address- Anupam Devi daughter of Gurudeo Thakur, Resident of Parariya Gram Kachhari Bahera, P.S. and District- Banka (Bihar). 5.

Piyush Kumar Son of Manoj Thakur Minor Son of Manoj Thakur through Anupam Devi guardianship of minor sons of mother Anupam Devi, resident of Village- Parman, P.S. Katoria, District - Banka (Bihar). At present Address- Anupam Devi daughter of Gurudeo Thakur, Resident of Parariya Gram Kachhari Bahera, P.S. and District- Banka (Bihar). ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Respondent/s :

Mr.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-11-2022 I.A. No. 01 of 2019 has been filed seeking condonation of delay of 235 days in filing of the revision application.

By the impugned judgment dated 11.01.2019, the

Patna High Court CR. REV. No.1526 of 2019(4) dt.03-11-2022 2/3 learned Principal Judge, Family Court, Banka has allowed a sum of Rs. 4,000/- per month as maintenance for the applicants who are wife and minor children of the petitioner.

On perusal of the interlocutory application it appears that the petitioner has not at all shown any reason except saying that he is a rustic labour and ignorant of the provision of law. This Court further finds that the petitioner does not dispute his responsibility to maintain his wife and children but has raised a question as to the quantum of maintenance.

This Court finds that the learned court below has allowed only a sum of Rs. 4,000/- for the four dependents of the petitioner which would come to Rs. 1000/- per month. By no stretch of imagination, this amount would require any interference.

To this Court, it appears that this revision application has been filed at a much belated stage only to avoid the responsibility.

The interlocutory application is dismissed. As a result thereof the revision application would also stand

Patna High Court CR. REV. No.1526 of 2019(4) dt.03-11-2022 3/3 dismissed.

The learned Principal Judge, Family Court, Banka shall proceed to execute the impugned judgment as expeditiously as possible.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.