1 IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1276 of 2007 SUCHITRA DEVI, W/o Dinesh Mandal, Resident of Village- Bishal, P.S.-Ishipur Barahat, District- Bhagalpur ……Petitioner Versus 1. State of Bihar 2. Dinesh Mandal, S/o Roop Chand Mandal, Resident of Village Bishal, P.S.- Ishipur Barahat, District- Bhagalpur. ………Opposite Parties. For the petitioner : Mr. D.K.Pandey, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 3 24-06-2010 Heard learned counsel for the petitioner. No body appears on behalf of the opposite party although a duly executed vakalatnama has already been filed and the name of the learned counsel appears on the daily cause list. Petitioner is the estranged wife of the opposite party no. 2, and is aggrieved by the order dated 13-07- 2007 passed by the learned Principal Judge, Family Court, Bhagalpur in Misc. Case No. 21 of 2007 (Suchitra Devi Vs. Dinesh Mandal) whereby the application filed under Section 125 Code of Criminal Procedure for maintenance was dismissed on the ground that the petitioner herein failed to appear in person before the 2 said court. Learned counsel for the petitioner draws attention of this court to the order passed by the learned Family Court, wherefrom it appears that the petitioner did appear on the same day later on but after passing of the impugned order. Learned counsel for the petitioner submits that she is prepared to compensate the Opposite Party herein. The court may allow her present application on payment of costs. This court is of the view that the matter which has been brought before the court should be decided on merit. Accordingly, the present application is allowed subject to the condition that the petitioner shall deposit a sum of Rs. 2000/- in the court below within four weeks from today. The opposite party herein shall be entitled to withdraw the said amount. This application is disposed of in the aforesaid terms. Sujit ( Kishore K. Mandal, J.)