Patna High CourtCR. REV./856/2022dismissed

Nutan Kumari v. The State Of Bihar

2025-09-02Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.856 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Bhagalpur ====================================================== Nutan Kumari Wife Of Mukesh Kumar, D/O Babulal Thakur R/O VillageHajipur, P.O.- Ratanganj, P.S.- Sajaur, District- Bhagalpur, Presently At Muhalla- Gumti No.12, Sitala Sthan, Ishakachak, P.S. And P.O.- Ishakchak, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Mukesh Kumar Son Of Bishnudev Thakur R/O Village- Shiv Nagar, P.S.- Kashim Bazar, P.O. Herudiyara, District- Munger, Presently Posted At Section Officer In The Ministry Of Arwan, Directorate Of Estate, Room No.419/C, Vikash Nirman Bhan, New Delhi-11 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Bhakta, Advocate Mr. Rameshwar Thakur, Advocate For the State :

Mr.Choubey Jawahar, APP For O.P. No. 2 : Mr. Shyam Sunder Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 02-09-2025 Heard learned counsel for the parties.

2. The petitioner is aggrieved by the order dated 22.08.2022 passed by learned Principal Judge, Family Court, Bhagalpur in Maintenance Case No. 150 of 2015, whereby and whereunder the learned Family Court allowed the application filed by the petitioner under Section 125 of the Code of Criminal Procedure and directed opposite party no. 2 to make payment of Rs.8,000/- per month to the petitioner Nutan Kumari and Rs.10,000/- per month to her ailing minor son Om from the

Patna High Court CR. REV. No.856 of 2022 dt.02-09-2025 2/3 date of the order.

3. The grievance of the petitioner is confined to the point that the learned trial court did not allow the sufficient maintenance amount to the petitioner and her ailing son. However, on query learned counsel for the petitioner unable to show this Court that the learned trial court took a view contrary to the materials available on record or ignoring the materials brought on record regarding the income of opposite party no. 2. Rather from the impugned order it transpires that salary slip was produced on behalf of opposite party no. 2 showing his income to be Rs.71,191/- per month.

4. Having regard to the submissions made on behalf of the parties and after perusal of the record, it transpires that the learned trial court after assessing the income of opposite party no. 2 allowed the maintenance total Rs.18,000/- to the petitioner and her ailing minor son. The petitioner seeks enhancement of maintenance amount and Section 127 of the Code of Criminal Procedure provides for alteration in the maintenance amount and the petitioner has got an efficacious and alternate remedy for seeking enhancement of her maintenance amount. Even otherwise this Court would not enter into disputed questions of fact and therefore, the petitioner has

Patna High Court CR. REV. No.856 of 2022 dt.02-09-2025 3/3 approached this Court by filing a misconceived petition. This Court does not find any illegality or impropriety in the impugned order and hence, the same is affirmed.

5. Accordingly, the present petition stands dismissed.

6. However, the petitioner is at liberty to have recourse of law before appropriate forum in an appropriate proceeding.

(Arun Kumar Jha, J) DKS/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.09.2025 Transmission Date 03.09.2025