IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1659 of 2008 BINDU PANDIT @ BINDO PANDIT Versus SMT. NIRMALA DEVI@SMT.MANORMA DEVI & ORS ----------- 3 20/10/2008 Heard counsel for the parties. For the reasons mentioned in I.A.No.6020 of 2008, the delay in filing this civil revision application is condoned. Coming to the merits of this case, this Court would not find any reason to interfere with the impugned order, whereby and whereunder, two minor children are said to have been held to be still entitled for payment of maintenance in course of proceeding under section 127 of the Code of Criminal Procedure. It was an admitted case of the petitioner himself in the earlier round of litigation that these two children were borne out from the wedlock of marriage between him and the opposite party. Such finding of fact even if assailed subsequently before the District Judge and this Court in Cr. Misc. No. 16137 of 2003 was not accepted and the order dated 29.4.2004 passed by this Court would go to 2 show that challenge of the petitioner towards the findings recorded by the court below with regard to these two children came to be finally decided against him. That being so, when the court below in the instant proceeding under section 127 of the Code of Criminal procedure has held these two children to be entitled for maintenance in the earlier order passed under section 125 of the Code of Criminal Procedure, there would be no occasion for this Court to take a different view. In that view of the matter, there being no merit in this application, the same is dismissed. ( Mihir Kumar Jha, J._ Abhay Kumar