IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1180 of 2009 Bibi Rabiya Khatoon, w/0 Md. Shamshul Haque D/o Md. Sayeed Khan resident of village Tola English Chichraun Akbar Nagar P.O. and P.S. Akbar Nagar (Sultanganj) District Bhagalpur ... Petitioner Versus Md. Shamshul Haque, son of late Md. Samsuddin resident of village Arjia Tola, Fatehpur P.O. and P.S. sabour, Distt. Bhagalpur .. .. Opp. Party ----------- For the petitioner :- Rajesh Kumar Mishra, Advocate For the State :- Pancha Nand Pandit, A.P.P. 6 06-09-2011 This revision application has been filed against the order dated 20.04.2007 passed by the learned Principal Judge, Family Court, Bhagalpurin Misc. Case No. 40 of 2000 by which the learned Judge has held that the petitioner is not entitled to get the maintenance under section 125 of the Cr. P.C. as the divorce matter has not finally been decided. Heard learned counsel for the petitioner and learned counsel for the opposite party. After some argument learned counsel for the petitioner seeks permission to withdrawn. this application with liberty to file a fresh petition under section 125 of the Cr. P.C. for maintenance in view of the decision in case of Shabana Bano vs Imran Khan reported in 2010 (1) SCC 666 . Prayer is allowed. If such petition is filed by the petitioner that will be considered. Accordingly, this application is disposed of. Ashwini/- (Amaresh Kumar Lal, J)