IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.456 of 2008 MD. AKHLAKH Versus 1. STATE OF BIHAR 2. ANGOORI KHATOON 7 18.12.2008 Heard learned counsel for both parties. This revision has been preferred against the order dated 11.10.2007 passed by the Family Court, Motihari in Maintenance Case No.59 of 2006 thereby the petitioner has been directed to pay maintenance to opposite party no.2 at the rate of Rs.2000/- (two thousand) per month along with Rs.5000/- (Five thousand) as cost of litigation and Rs.51, 000/- (Fifty one thousand) as dowry debt. Learned counsel for the petitioner has grievance against the rate of maintenance as well as the direction to pay dowry debt of Rs.51000/-. I have gone through the order in question and also considered the submission of learned counsel for the petitioner. Admittedly opposite party no.2 is legally married wife of the petitioner. The findings of refusal to maintain the opposite party no.2 without just cause recorded by lower court appears to be quite justified. The rate of maintenance and cost of litigation also do not require interference by this Court. However, I do not find any justification to award the dowry debt in a proceeding under Section125 of the Code of Criminal Procedure. In the result, while affirming the rate of interest and cost of litigation, the order regarding dowry debt is hereby set aside. - 2 - The petitioner shall pay arrears of maintenance along with cost of litigation in six equal instalments within one year of this order. The first installment shall be paid within two months of this order, failing which the interim bail so granted to the petitioner vide order dated 29.9.2008 shall automatically cancelled. The petitioner is also directed to pay the current and future maintenance to opposite no.2 by the 10th of every next following month. B.Jha (Ghanshyam Prasad)