Shishir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3105 of 2026 In CRIMINAL REVISION No.160 of 2019 ====================================================== Shishir Kumar S/O Sri Manibhushan Prasad Singh @ Mani Bhushan R/O Village- Mahmadpur, P.S- Sakra, Distt.- Muzaffarpur. At present House No, 575/01, Dilli Road, Madhav Puram, Sector-1, P.S- Madhavpuram, Distt.- U.P. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anupma Anand D/O Sri Madan Mohan Thakur R/O Village- Dwarikapur, P.S- Sakra, Distt.- Muzaffarpur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma, Advocate Mr. Alok Anand, Advocate Mr. S.M. Sudhanshu, Advocate For the State :
Mr. Nand Kishore Prasad, APP For the O.P. No. 2 :
Mr. Manoj Kumar Singh, Advocate Mr. Prabhat Kumar, Advocate Mr. Ashutosh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-04-2026 The present petition has been preferred by the petitioner for modification of the order dated 25.04.2025, passed by this Court in Cr. Rev. No. 160 of 2019, whereby it was disposed of with a direction to the petitioner to pay Rs. 14,000/- per month to the O.P. No. 2/Anupma Anand towards her maintenance and the arrear was to be paid by first installment of Rs. 3,00,000/- and the remaining amount of the arrear was to be paid in five equal monthly installments.
2. Learned counsel for the petitioner submits that the petitioner paid only Rs. 3,00,000/- which was required to be
Patna High Court CR. MISC. No.3105 of 2026(4) dt.07-04-2026 2/3 paid in one installment, but thereafter, he failed to pay the rest arrear amount and hence, he is seeking modification in the said order praying that total arrear amount is Rs. 5,12,000/-, out of which he has brought one bank draft of Rs. 2,56,000/- to be handed over to O.P. No. 2/Anupma Anand.
3. The bank draft of Rs. 2,56,000/- is handed over to the O.P. No. 2/Anupma Anand (wife of the petitioner/Shishir Kumar), who is present in the Court, identified by Mr. Manoj Kumar Singh, learned counsel for the O.P. No. 2.
4. Now, learned counsel for the petitioner is seeking permission to pay the rest amount of Rs. 2,56,000/- in three installments. The first installment of Rs. 1,00,000/- will be paid by 7th of May, 2026 and second installment of Rs. 1,00,000/- by 7th of July, 2026 and the rest amount of Rs. 56,000/- will be paid by third installment by 8th of September, 2026. The same is acceptable to learned counsel for O.P. No. 2.
5. However, learned counsel for the O.P. No. 2 submits that there is difference of arrear amount. As per his calculation, the total arrear amount is Rs. 6,75,000/-, whereas as per learned counsel for the petitioner, the arrear amount is Rs. 5,12,000/- i.e. Rs. 1,63,000/- more than the amount as calculated by learned counsel for the petitioner.
Patna High Court CR. MISC. No.3105 of 2026(4) dt.07-04-2026 3/3
6. Hence, this disputed amount will be adjudicated by learned Principal Judge, Family Court, Muzaffarpur and after adjudication, the due amount would be paid by 7th of November, 2026.
7. Hence, till 7th of November, 2026, distress warrant will remain stayed and if the whole arrear amount, besides monthly payment, is not paid by the petitioner by 7th of November, 2026, distress warrant will be enforced by learned Principal Judge, Family Court, Muzaffarpur. Learned Family Court is also at liberty to enforce the payment of the maintenance amount by directing the employer of the petitioner to pay the monthly maintenance amount as well as arrear amount towards maintenance.
8. The payment of next installments of maintenance towards arrear will be paid by way of bank drafts in the Court of learned Principal Judge, Family Court, Muzaffarpur.
9. Accordingly, the present petition stands disposed of.
10. A copy of this order be sent to learned Principal Judge, Family Court, Muzaffarpur for information and needful. (Jitendra Kumar, J) shoaib/- U T