Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19507 of 2020 In CRIMINAL MISCELLANEOUS No.41268 of 2013 Arising Out of PS. Case No.-951 Year-2011 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== MUKESH KUMAR S/o Krishna Sah Resident of Village- Chimanapur, P.S.- Lalganj, Distt- Vaishali ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sarita Devi W/o Mukesh Kumar, D/o Nathuni Sah Resident of Village- Ram Nagar, P.S.- Mejorganj, District- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.II For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner as well as learned counsel for the O.P. No. 2.

Learned counsel for the petitioner has submitted that in Cr. Misc. No. 41268 of 2018 order dated 16.5.2014, the petitioner Mukesh Kumar, was granted provisional bail on condition that he will pay maintenance to complainant of Rs. 7,000/- per month.

Thereafter, the final order of maintenance was passed by the Principal Judge, Family Court, Sitamarhi under Section 125 of the Cr.P.C. in Miscellaneous Case No. 96 of 2014. The certified copy of the order has been annexed with the record

Patna High Court CR. MISC. No.19507 of 2020(2) dt.07-12-2021 2/2 which shows that the petition for maintenance of the complainant Savita Devi was finally disposed of awarding maintenance of Rs. 12,000/- per month, ( 6,000/- for the wife and 3,000/- each for children of the complainant). The learned Principal Judge has mentioned in that order itself that Rs. 7,000/- per month awarded as maintenance vide Criminal Miscellaneous No. 41265/2020 would be adjusted in that amount.

The petitioner has submitted that the learned court below is insisting to pay Rs, 7,000/- in addition to Rs. 12,000/- which is not proper. The Rs. 7,000/- has already been included in Rs. 12,000/- granted by the Principal Judge Family Court. With these observations, this criminal miscellaneous petition is disposed of.

(Nawneet Kumar Pandey , J) SONALI/- U T