Patna High Court

SHAMBHU KUMARversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court found no illegality in the maintenance order and dismissed the petition to quash it.

Summary

The petitioner, Shambhu Kumar, filed an application seeking to quash a maintenance order of Rs.10,000 per month dated 2 May 2016, which was affirmed by the Additional Sessions Judge. The High Court examined the order and found no illegality, noting that the petitioner, as the husband of the respondent, had not paid the maintenance. Consequently, the Court dismissed the petition and directed the petitioner to calculate arrears at Rs.5,000 per month from May 2016 to January 2026 and pay the amount to the respondent. The Court further instructed that, after payment, the petitioner may apply for modification of the maintenance under Section 127 of the Cr.P.C. or Section 146 of the BNSS; otherwise, he must pay Rs.10,000 per month from February 2026 onward. A warning was issued that failure to comply within a month would invite coercive action by the lower court.

Issues considered

What is the legality of the maintenance order dated 2 May 2016?
Whether the petition to quash the maintenance order should be entertained?

Legislation cited

BNSS — s. 146
Code of Criminal Procedure, 1973 — s. 127

Subjects

maintenance
criminal revision
Section 127 CrPC
Section 146 BNSS
family law
coercive steps

Judgment

                      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
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          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
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                    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

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