IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.149 of 2009 BHIKHAM DAS SON OF LATE DHANESH DAS, R/O- VILLAGE LACHHNAUTA, P.S.- PALNAWA, DISTRICT- EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. LALSIT DEVI, WIFE OF BHIKHAM DAS, R/O- VILLAGE- LACHHNAUTA, P.S.- PALNAWA, DISTRICT- EAST CHAMPARAN. For the petitioner: Mr. Promod Ranjan, Advocate Mr. Arjun Prasad For the State: Mr. Jharkhandi Upadhayay ----------- 2 15.09.2010 Heard both sides. Counsel for the petitioner submits that order impugned dated 22.11.2008 has been passed granting interim maintenance in favour of the applicant-wife without affording reasonable opportunity of hearing and filing show cause to the petitioner. Referring to the submissions made in paragraph 5, it is stated that the wife had also filed criminal proceeding under Section 498A of Indian Penal Code wherein he was taken into judicial custody on 24.08.2008 and remained as such till 21.11.2008 when he was directed to be released on bail. He was accordingly released from jail custody on 22.11.2008. Learned Trial Court in the order impugned has noted that re-conciliation failed as the husband did not appear for re-conciliation on 22. 08. 2008 and 29 08. 2008. In that view of the matter this Court is inclined to dispose of the present application by the following order: Let the petitioner appear in the court below within three weeks from today and file his show cause which shall be considered in accordance with law and final order regarding 2 interim maintenance shall be passed after affording opportunity of hearing/argument to both the parties. The order dated 22.11.2008 passed in Misc. case no. 142/2008 shall not come in the way of Learned Principal Judge in passing a fresh order in accordance with law. pkj ( Kishore K. Mandal, J. )