IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.771 of 2025 ====================================================== 1. Jyoti Kumari W/o- Pankaj Kumar R/o- House of Manoj Bhagat at V.I.P. Road, Purab Bazar, P.S.- Saharsa, District- Saharsa, Bihar. 2. Abhinav Yatharth, S/o Pankaj Kumar R/o- House of Manoj Bhagat at V.I.P. Road, Purab Bazar, P.S.- Saharsa, District- Saharsa, Bihar. 3. Krishna Bharti, D/o Pankaj Kumar R/o- House of Manoj Bhagat at V.I.P. Road, Purab Bazar, P.S.- Saharsa, District- Saharsa, Bihar. ... ... Appellant/s Versus Pankaj Kumar S/o Chandeshwari Bhagat, R/o- Village- Situaha Dih, P.S.- Salkhua, District- Saharsa, Bihar at present posted at- GS-18690W, JE(CIV), 189 FCPL, 127 RCC(GREF), C/o 99APO, PIN- 930127 (Arunachal Pradesh). ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mrs.Archana Sinha, Sr. Adv. Mr.Alok Kumar @ Alok Kr Shahi, Adv. Mr.Akshat Arghya, Adv. Mrs.Swarna Roy, Adv. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH ) 2 01-04-2026 1. The instant Miscellaneous Application under Section 19(1) of the Family Court’s Act 1984 has been preferred by the appellants no.1, 2 and 3 being the wife, the son and the daughter of the respondent against the order dated 19.06.2025, passed under Section 127 of the Cr.P.C. seeking enhancement of maintenance amount. 2. On the matter being taken up, at the outset, learned Senior Counsel for the appellant submits that the Full Bench of this Court in the case of Dr. Dilip Kumar Sharma @ Dilip Patna High Court MA No.771 of 2025(2) dt.01-04-2026 2/2 Sharma Vs. The State of Bihar and Ors. [2024 SCC OnLine Pat 8236 : 2025 (1) BLJ 1] has held that the order passed under Section 125 of the Cr. P.C. is not an ‘interlocutory order’, but an ‘intermediate / quasi final order’, hence remedy of criminal revision would be available qua both the interim and final order under Section 125 to 128 of the Cr. P.C. 3. She further submits that in the light of the aforesaid Full Bench judgment, the appellants do not want to press this Miscellaneous Appeal, therefore, they may be allowed to withdraw this Miscellaneous Appeal with liberty to file criminal revision against the order dated 19.06.2025. 4. In view of the above, the instant Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellants to file criminal revision. 5. Office is directed to return the Vakalatnama and certified copy of impugned order dated 19.06.2025 to the learned counsel for the appellants within three days after retaining the xerox copy of the same on record. pallavi/- (Sanjay Kumar Singh , J) ( Sourendra Pandey, J) U