2025:JHHC:20919 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 321 of 2025 ----- Mritunjay Kumar Ray, S/o Shambhu Nath Roy, R/o Shanti Nagar, Churnapur Road, Madhubani, P.O.-Purnia, P.S.-K. Hant, Dist.-Purnia, Bihar … …. Petitioner Versus 1. The State of Jharkhand 2. Rakhi Devi, W/o Mritunjay Kumar Ray, R/o Sindri Colony, Nirsa, P.O. & P.S.-Nirsa, Dist.-Dhanbad … …. Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Ms. Aarti Kumari, Advocate Mr. Lukesh Kumar, Advocate For the State : Mrs. Kumari Rashmi, A.P.P. ----- Oral Order 04 / Dated : 29.07.2025 1. The instant criminal revision has been preferred against the order of maintenance of Rs. 4,000/- passed in favour of O.P. No.2 under Section 125 of the Cr.P.C. 2. Learned counsel for the petitioner submits that the petitioner is an unemployed person and has no source of income. In the impugned order, neither there is any assessment of income of the petitioner nor any reason has been assigned that on what basis, maintenance has been ordered. 3. Notice was earlier issued to O.P. No.2 and the same was duly served, but O.P. No.2 has not appeared either in person or through counsel. 4. Learned counsel for the State has defended the impugned order, but he is, however, unable to cite any finding or evidence in the impugned order on the basis of which, maintenance has been allowed. 5. On perusal of the impugned order, I find that neither there is reference to any evidence on the point of income of the petitioner, nor there is any finding or assessment on the basis of which, maintenance has been allowed. The order of awarding the maintenance is perverse in absence of any evidence. Under the circumstance, the impugned order is set aside and the 2025:JHHC:20919 2 case is remanded back to the Family Judge, Dhanbad to decide the maintenance application afresh after hearing the parties. This criminal revision petition stands disposed of. Pending, I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satayendra