IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.65 of 2007 BIBI KHAITUN NISHA @ KHAITUN KHATOON Versus STATE OF BIHAR & ANR ----------- 5. 1.9.2008. This application has been filed against the order dated 4th August,2006 passed by Additional Sessions Judge, Fast Track Court No. V, Motihari in Cr. Revision No.86 of 2005 thereby the court below has set aside the order dated 5.2.2005 passed by S.D.J.M., Sikarahana in Trial No.1911 of 2004. Heard the learned counsel for the parties. It appears from the record that the learned S.D.J.M. upon filing a petition under section 125 Cr.P.C. by the petitioner heard the same ex-parte and directed the opposite party no.2 to pay maintenance of Rs.1,000/- per month to the petitioner. However, the opposite party no.2 preferred revision before the Sessions Judge which was ultimately heard by F.T.C. The learned FTC on finding that no service of summon a notice was affected upon opposite party no.2 set aside the ex-parte order and directed the court below to proceed in the case afresh according to law. On perusal of the impugned order, it appears that the impugned order is quite justified. There is no illegality. The court below has rightly set aside the order as it was passed ex-parte without service of notice upon opposite party no.2. Under the circumstances, no case is made out for interference in the impugned order. Accordingly, this application is - 2 - N.H./ dismissed. However, the court below is directed to decide the matter after taking evidence of both the parties within four months of receipt of this order. ( Ghanshyam Prasad )