IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1786 of 2009

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Aftab Alam

.... .... Petitioner/s

Versus

State Of Bihar & Ors

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha, Adv.

For the State : Mr. Satyendra Narayan Singh, APP

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

ORAL ORDER

4

19-12-2012

Issue notice to opposite party no. 2 and 3 both by ordinary

process as also by registered post with A/D to show cause as to

why the reliefs prayed for on behalf of the petitioner in the present

application be not granted to him.

Requisite etc. for issuance of notice must be filed on or

before 15^th January 2013, failing which this application shall stand

rejected without further reference to a Bench.

Rule is made returnable on 22^nd March 2013.

However, the present order is subject to deposit of Rs.

40,000/- by the petitioner before the learned Family Court below

on or before 7^th March 2013 towards part payment of arrears of

maintenance payable by the petitioner to the O.P. No. 2 and 3. The

aforesaid amount of Rs. 40,000/- may be deposited by the

petitioner either in lump sum or in two equal instalments with the

permission of the learned Principal Judge, Family Court,

Madhubani, failing which the present application shall be treated

to have been finally rejected by this Court.

On deposit of the aforesaid amount of Rs. 40,000/- by the

petitioner within the time prescribed by this Court, the petitioner

shall be obliged to file an affidavit on or before 15^th March 2013

Patna High Court CR. REV. No.1786 of 2009 (4) dt.19-12-2012

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showing compliance of the present order, failing which also the

present application shall be construed to have been rejected by this

Court.

It is clarified that in case of non-compliance of the present

order either regarding deposit of Rs. 40,000/- within the time

prescribed or regarding filing of affidavit, as directed above, the

matter shall not be listed on the rule returnable date fixed. On

failure of the petitioner to deposit the aforesaid amount, the

learned Family Court shall be at liberty to take all possible

coercive measures against the petitioner for recovery of entire

arrears of maintenance, as per the order passed by the learned

Family Court below.

BTiwary/-

(Birendra Prasad Verma, J)