1 IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.726 of 2011 ============================================= Amresh Kumar Choudhary @ Babloo, son of Sri Shibu Choudhary, resident of village- Enarwa, Police Station Khajauli, District- Madhubani. .... .... Opposite party.. Petitioner Versus 1. The State Of Bihar 2. Jyoti Kumari, wife of Sri Amresh Kumar Choudhary @ Babloo, D/o Sri Ramdev Choudhary, residing in village- Udhopatti, Police Station- Bishanpur, District- Darbhanga. Applicant...Opposite parties. ============================================= 2 14-07-2011 The husband-petitioner has preferred this revision application against the order dated 17.3.2011 passed by the learned Principal Judge, Family Court, Darbhanga in Maintenance Case No. 156 of 2010 by which he has been directed to pay a sum of Rs.2500/- per month to his wife, opposite party no. 2 and Rs.200/- per month for her minor son with effect from the date of presentation of the case and the maintenance petition has been allowed ex parte. Heard Mr. Gajendra Kumar Jha No. 2, learned counsel for the petitioner and learned A.P.P. for the State. After some argument learned counsel for the petitioner seeks permission to withdraw this application with liberty to raise his grievance before the learned Principal Judge, Family Court in view of provisions contained in Section 126 (2) Cr.P.C. with protection that no coercive steps will be taken against the petitioner for realization of the amount of maintenance 2 which is more than Rs.32,000/-. It is submitted that the petitioner will pay a sum of Rs.5000/- by 10th of August 2011 and also a sum of Rs.5000/- by 10th of September 2011 to his wife, Jyoti Kumari, opposite party no. 2 and/or deposit the same in the court of learned Principal Judge, Family Court, Darbhanga and in the meantime, the petitioner will file a petition under Section 126(2) Cr.P.C. for setting aside the ex parte order within a period of three weeks. Prayer is allowed. If the petitioner will abide by the aforesaid contention, no coercive steps will be taken against him for realization of the amount. Learned Principal Judge will also consider the limitation matter, as the revision petition was filed by the petitioner in this Court within time. This petition is disposed of . Let this order be communicated to the court below through fax at the cost being deposited by the petitioner. KANCHAN KUMAR SINGH/- (Amaresh Kumar Lal, J)