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Patna High Court

Nitish KumarversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that the criminal miscellaneous application is disposed of as the matter has become infructuous.

Summary

The petitioner, Nitish Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an interim maintenance order dated 13-02-2018 passed by the Principal Judge of the Family Court, Nalanda. The petitioner argued that the maintenance case (No.158M of 2016) had already been decided by an order dated 04-04-2025, rendering the application infructuous. The State of Bihar raised no objection to the petitioner's request. The High Court, after considering the submissions and the report from the Family Court, held that the application was no longer maintainable as the underlying dispute had been finally resolved. Consequently, the Court disposed of the criminal miscellaneous application as infructuous.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the underlying case has become infructuous.

Legislation cited

Subjects

  • Section 482
  • criminal miscellaneous application
  • maintenance order
  • infructuous
  • family court
  • quash order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34446 of 2018
                 ======================================================
                 Nitish Kumar Son of Kapil Prasad, Resident of village- Dindayalganj, Police
                 Station- Islampur, District- Nalanda.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar.
           2.    Pinki Kumari, Wife of Nitish Kumar, D/o Kumar Haricharan Singh Yadav,
                 resident of Didarganj, P.O.- Kobil, Police Station- Islampur, District-
                 Nalanda, Present residing at Village- Kasimpur Modan Bigha, P.O.-
                 Dariyapur, Police Station- Islampur, District- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Tej Narayan Singh, Advocate.
                 For the Opposite Party/s :   Mr. Sakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   17-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   13.02.2018 passed by learned Principal Judge, Family Court,

                   Biharsharif, Nalanda in Maintenance Case No.158M of 2016 by

                   which prayer of O.P. No.2 was allowed to pay her Rs.3,000/- as

                   interim maintenance by the petitioner in the 2 nd week in every

                   month from the date of order.

                                3. As per the report submitted by the learned Principal

                   Judge, Family Court, Nalanda at Biharsharif vide letter No.12 of

                   2026 dated 12.02.2026, it appears that in the Maintenance Case
              Patna High Court CR. MISC. No.34446 of 2018(3) dt.17-03-2026
                                                          2/2




                        No.158M of 2016 the judgment has already been pronounced

                        vide order dated 04.04.2025.

                                     4. Learned counsel for the petitioner submits that this

                        case has become infructuous, accordingly, prays that the present

                        case may be disposed of.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsels

                        for the parties and the report submitted by the concerned Court,

                        the present Cr. Misc. Application stands disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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