Patna High Court
Dr. Jitendra Kumar @ Jitendra ... vs State Of Bihar And Anr on 15 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.150 of 2018
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Dr. Jitendra Kumar @ Jitendra Kumar Gupta @ Pappu S/o Sri Mahendra
Prasad Gupta, resident of Station Raod Barsoi, P.S. Barsoi, District- Katihar.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Sangeeta Kumari, W/o Dr. Jitendra Kumar @ Pappu @ Jitendra Kumar
Gupta, D/o Deo Narayan Sah, residing at Hemra, P.S. Muffassil, District-
Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prakash Kumar, Adv.
For the Respondent/s : Mr. Aditya Narayan Singh 1, APP
For the O.P. No. 2 : Mr. Ashwani Kumar Sinha, Adv.
Mr. Dinkar Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 15-03-2023
Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the O.P. No. 2.
The present criminal revision has been filed against
the judgment/ order dated 19.01.2016 passed by Principal
Judge, Family Court, Begusarai in Maintenance Case No.
46(M)/2012 by which petitioner was directed to pay the O.P.
No. 2, a sum of Rs.30,000/- per month. The payment of
litigation cost Rs.5,000/- lump-sum has also been directed to be
made.
Counsel for petitioner submits that the
ascertainment of earning of the petitioner has not been made
Patna High Court CR. REV. No.150 of 2018 dt.15-03-2023
correctly. He submits that the earning of petitioner is based on
the rent amount which the petitioner used to collect from the
house constructed by his own. Counsel for petitioner further
submits that on the point of legality, propriety and correctness,
he has nothing to say. His only argument is that amount of
maintenance is at higher side.
Counsel for State submits that there is no infirmity
in the order passed by the Principal Judge, Family Court,
Begusarai. Counsel for State also submits that vide order dated
30.10.2018, it has also been directed by this Court to pay 50 %
of the arrears of maintenance amount within a period of 6
months in 2 installments, otherwise this criminal revision
application shall stand dismissed against him.
Counsel for O.P. No. 2 submits that he has not
received a single penny in compliance of the order dated
30.10.2018 till date.
In this view of the matter, the present criminal
revision application is hereby dismissed.
Principal Judge, family Court, Begusarai is directed
to do the needful for realization of the amount by way of
issuance of process under Form 18 and 19 of the Cr.P.C. as well
as according to the provisions laid down under Section 421 of
Patna High Court CR. REV. No.150 of 2018 dt.15-03-2023
the Cr.P.C. The amount due is also directed to be recovered as
an arrear of land revenue within 6 months.
(Dr. Anshuman, J.)
sadique/-
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