CR. MISC./67696/2019 of SHAMBHU KUMAR Vs 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
2 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.
Vikas/-
(Sandeep Kumar, J)
U