Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67696 of 2019 Arising Out of PS. Case No.-1092 Year-2013 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== SHAMBHU KUMAR S/o Bhola Sah Resident of Village- Kalyan Tola Chamgarha More, P.O. and P.S.- Bariarpur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Priyanka Kumari W/o Shambhu Kumar @ D/o Dilip Prasad Sah Resident of Village- Simpur, P.S.- Havely Kharagpur, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.Abhay Kumar Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2026 Heard the parties.

2. This application has been filed on behalf of the petitioner for quashing the order dated 16.02.2019 passed by the learned Additional Sessions Judge, Vth, Munger in Criminal Revision No. 101 of 2016 affirming the order of the learned CJM, Munger dated 2.5.2016 passed in Complaint Case No. 1092C of 2023.

3. By the impugned order of the learned CJM, Munger dated 2.5.2016 passed in Complaint Case No. 1092C of 2023, a maintenance amount of Rs. 10,000/- is fixed and against the same, Criminal Revision No. 101 of 2016 was preferred and the same has also been dismissed vide order dated 16.02.2019

Patna High Court CR. MISC. No.67696 of 2019(2) dt.22-01-2026 2/3 passed by the learned Additional Sessions Judge V, Munger.

4. Upon perusal of the impugned order, this Court finds no illegality in the same and the petitioner, being the husband of the opposite party no. 02, is not paying the maintenance amount to her.

5. In view of the above, this application is dismissed.

6. The petitioner is directed to calculate the maintenance amount since the month of May, 2016 till the month of January, 2026 at the rate of 5000/- per month and pay the same to the opposite party no. 02.

7. After paying the maintenance amount as directed above, the petitioner may file an application in the Court below for modification of the maintenance amount of Rs. 10,000/- under Section 127 of the Cr.P.C./ under Section 146 of the BNSS and if he does not prefer any modification application then he will pay the maintenance amount of Rs. 10,000/- per month from the month of February, 2026 onwards to the opposite party no. 02.

8. It is made clear that if the petitioner fails to pay the maintenance amount to the opposite party no. 02 (in the form as indicated above) within one month from today, then the Concerned Court below will take all coercive steps against the

Patna High Court CR. MISC. No.67696 of 2019(2) dt.22-01-2026 3/3 petitioner.

9. Let a copy of this order be communicated to the Principal District and Sessions Judge, Munger through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U