Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.415 of 2011 Rajesh Kumar Versus The State of Bihar & Anr. ---------------------------------- 2. 24.01.2012 Mrs. Indu Bala Pandey, learned counsel for the petitioner and learned A.P.P. for the State are present. This application is filed against the order dated 22.4.2010 passed by the Additional Principal Judge, Family Court, Patna in Maintenance Case No. 123(M) of 2006 by which the petition filed for maintenance under Section 125 of the Code of Criminal Procedure by opposite party no. 2 has been allowed and interim maintenance has been fixed at Rs. 2,000/- per month alongwith Rs. 3,000/- as litigation cost. Learned counsel for the petitioner submits that the petitioner is a poor man earning his livelihood by driving a taxi which has also come during the course of trial. He also submits that his parents, younger brother and sister are dependent upon him and he is not in a position to pay the amount fixed as maintenance. Learned counsel submits that without going into the merits of the case, the Court below having fixed a high amount of interim maintenance is unreasonable and in fact beyond the means of the petitioner to pay. 2 Learned counsel submits that the so called marriage was due to force exerted upon the petitioner under coercion. Let notice be issued to opposite party no. 2 both under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks from today. List soon after service of notice. Until further orders, the order dated 22.4.2010 passed by the Additional Principal Judge, Family Court, Patna in Maintenance Case No. 123(M) of 2006 shall remain stayed. (Ahsanuddin Amanullah, J.) Anand Kr.