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2004 Supreme(Pat) 1043

P.K.SINHA
Devendra Prasad @ Sidharth – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Sinha, J.

1. This is a petition u/s. 482 of the Code of Criminal Procedure (the Code, in short) praying therein for setting aside of quashing the order dated 6.9.2002 recorded by the learned 1st Additional Sessions Judge, Nawadah in Cr. Rev. No. 3 of 2002/90 of 2000 as well the order dated 17.8.2000 recorded by Shri Bipin Bihari, Judicial Magistrate, First Class at Nawadah in Maintenance Case No. 39 of 1997 corresponding to Trial No. 607 of 2000.

2. The facts, in brief, are that before the learned Magistrate the application for maintenance was brought by the opposite party No. 2, Smt. Manju Dayal against her husband, who is petitioner here, namely, Devendra Prasad @ Sidharth under sec. 125 of the Code. On hearing the matter, the application was allowed and the husband was directed to pay a sum of Rs. 500.00 per month as maintenance. That matter, thereafter went to revision, aforesaid, which was dismissed giving rise to the instant petition.

3. In this case, at the time of admission stage itself the learned Counsel for the petitioner, learned Additional Public Prosecutor and learned Counsel for opposite party No. 2. Smt. Manju Dayal have been heard and, therefore, this p
















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