IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.144 of 2009 MOHAMMAD SHARIF, S/O- LATE ABDUL KHALIK, R/O- VILLAGE DAULATPUR, P.S.- MUFFASIL, ARRAH, P.O.- DAULATPUR, DISTT- BHOJPUR Versus 1. THE STATE OF BIHAR 2. JARINA SULTANA, D/O- NOOR MOHAMMAD, R/O- VILLAGE AKAUNA, P.S.- BARHARA, P.O.- AKAUNA, DISTT- BHOJPUR. ------------ 5 28.02.2011 I.A. No. 174 of 2009 Heard. In view of the order this Court proposes to pass in the main application, the condonation application is allowed. Delay is condoned. Petitioner assails the order dated 22.2.2008 passed in Misc. Case (Maintenance) No. 16/90/104/05 (Jarina Sultan versus Md. Sharif) by learned Principal Judge, Family Court, Bhojpur at Ara whereby on an application filed by the wife (O.P. No. 2) under Section 127 of the Code of Criminal Procedure (for short “the Code”), the maintenance amount has been enhanced to Rs. 1800/- for the wife and Rs. 1,000/- for the daughter. Mr. Verma, learned counsel appearing on behalf of the petitioner submits that the order was passed without service of notice on him inasmuch as his pairvikar did not inform him about the pendency of the application seeking enhancement. Learned counsel appearing on behalf of the opposite parties, on the other hand, draws attention of the Court to paragraph No. 3 of the impugned order. It is submitted that the petitioner had full knowledge about the case yet he did not - 2 - choose to appear. Section 126 of the Code provides a forum for the petitioner. Any such application has to be filed within a specified period However, considering the stand of the petitioner, this Court disposes of the application in the following manner: Let the petitioner approach the Court below for setting aside/recall of the order under challenge within four weeks from today along with a copy of the present order. If any such application is filed in the manner indicated hereinabove, learned Court below shall consider and dispose of the same in accordance with law after hearing both the sides. pkj (Kishore K. Mandal, J)