Patna High Court
Ajit Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of, granting the petitioner liberty to move before the Family Court for maintenance adjustment.
Summary
The petitioner, Constable Ajit Kumar Pandey, filed a criminal miscellaneous application seeking permission to approach the Principal Judge of the Family Court, Bhojpur, for adjustment of a maintenance amount of Rs.10,000 per month that he pays to the opposite party, Priyanka Kumari, for her and their daughter's support. The petitioner argued that the matter should be dealt with by the Family Court rather than the criminal court. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's request. The Hon'ble Justice Sunil Dutta Mishra considered the submissions and found no impediment to granting the relief sought. Consequently, the court disposed of the criminal miscellaneous application, granting the petitioner liberty to move before the Family Court for the maintenance adjustment.
Issues considered
- Whether the petitioner may be granted liberty to approach the Family Court for adjustment of the maintenance amount awarded.
Subjects
- maintenance
- family court
- criminal miscellaneous application
- procedural relief
- liberty to approach court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28989 of 2026
In
CRIMINAL MISCELLANEOUS No.29553 of 2022
Arising Out of PS. Case No.-62 Year-2021 Thana- MAHILA P.S. District- Rohtas
======================================================
Ajit Kumar Pandey S/o- Birendra Pandey Resident of village- Karnaul PO-
Chandi PS- Charpokhari District- Bhojpur, P/A- Posted as Constable GD 47
Bn. CRPF Jail Complex Gaya, Bihar Near Rampur
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Kumari D/o- Som Nath Upadhyay, R/v- Osawaon Ps- Kachawan
Dist- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Mishra, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner submits that the
petitioner is making payment of Rs.10,000/- per month to the
opposite party no.2 for maintenance of her and their daughter.
He further submits that the present Cr. Misc. Application may be
disposed of with liberty to the petitioner to move before the
learned Principal Judge, Family Court, Bhojpur at Ara for
adjustment of the said maintenance amount awarded by the said
Court.
3. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.28989 of 2026(2) dt.08-05-2026
2/2
prayer of the petitioner.
4. In view of the submission of learned counsel for the
parties, the present Cr. Misc. Application stands disposed of
with liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
Ritik/-Koustav
U T
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