JUDGMENT :

1. Heard learned senior counsel for the petitioner and the learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

2. The petitioner has assailed the order dated 01.02.2021 passed by Principal Judge, Family Court, Nalanda in Miscellaneous Case No. 11 of 2011 arising out of Maintenance Case No. 42 (M) of 2009.

3. Mr. D.K. Sinha, learned senior counsel for the petitioner submits that pursuant to the order of Maintenance dated 05.05.2011, affirmed by this Court in Criminal Revision No. 710 of 2011 as well as in terms of the undertaking recorded in order dated 05.08.2016 passed by this Court in Cr. Misc. No. 39907 of 2015, the petitioner has made the deposits.

4. He submits that otherwise also the complainant has no case as she is living in adultery and is also earning.

5. The brief background in which this application has been filed is that the petitioner has been directed to deposit Rs.3,000/-per month maintenance by the Principal Judge, Family Court, Nalanda in Miscellaneous Case No. 11 of 2011 arising out of Maintenance Case No. 42 (M) of 2009. The same was affirmed by this Court subsequently in Criminal Revision No. 710 of 2011 wherein the p