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2025 Supreme(Online)(Pat) 1835

PATNA HIGH COURT
HONOURABLE MR. SUNIL DUTTA MISHRA, J
Dr. Shyam Sundar Prasad @ Madan Raj – Appellant
Versus
State Of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Uma Shankar, Advocate, Mr. Rajesh Kumar, Advocate
For the Respondents:Mr. Ram Priya Saran Singh, A.P.P., Mr. Dilip Kumar Tandon, Advocate, Mr. Prateek Tandon, Advocate, Mr. Rohit Ranjan, Advocate

C.A.V. JUDGMENT

Date : 04-12-2025

1. Heard learned counsel for both the parties.

2. The instant Cr. Revision application is directed against the order dated 05.09.2016 passed by learned Principal Judge, Family Court, East Champaran at Motihari (hereinafter referred to as the “Trial Court”) in Maintenance Case No. 448 of 2011, wherein the learned Trial Court allowed the maintenance petition filed by the opposite party no.2 (hereinafter referred to as “O.P. No.2”) under Section 125 of the Cr.P.C. and has directed the petitioner to pay Rs. 5,000/- per month to the O.P. No.2 for her maintenance by 15th day of every succeeding month with effect from 1st September, 2016 and has also directed to pay lump sum amount of Rs. 10,000/- to the O.P. No.2 towards cost of litigation.

3. The facts of the case, in brief, is that the O.P. No.2 (Sunita Devi) instituted a proceeding under Section 125 of the Cr.P.C. on 16.11.2011 before the learned Trial Court seeking a monthly maintenance of Rs.20,000/- for herself and her minor daughter. It is her case that she was married to the petitioner on 05.05.2009 according to Hindu rites and customs, and thereafter commenced her matrimonil life with the petit

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