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Patna High Court

SHEO RAM PANDEY @ SHIV RAM PANDEYversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution and the Family Court is directed to execute the maintenance order under Section 125(3) CrPC.

Summary

The petition arose from a domestic violence case (PS Case No.43 of 2019) in Buxar where the husband, Sheo Ram Pandey, was ordered by the Patna High Court to produce a bank draft of Rs.3,00,000 and Rs.5,000 to be handed over to his wife, Mridula Kumari. Despite the court's direction dated 09.01.2026, the husband failed to comply with the order. Consequently, the High Court dismissed the petition for non‑prosecution. The court further directed the Family Court to enforce the maintenance order by taking coercive measures under Section 125(3) of the Criminal Procedure Code. The decision underscores the court's authority to enforce maintenance obligations when a party defaults on a court‑mandated payment.

Issues considered

  • Did the petitioner/husband comply with the maintenance order dated 09.01.2026?
  • Can the Family Court enforce the maintenance order using coercive measures under Section 125(3) CrPC?

Legislation cited

Subjects

  • maintenance
  • domestic violence
  • Section 125 CrPC
  • enforcement
  • non‑compliance
  • family court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CRIMINAL REVISION No.325 of 2021
                 Arising Out of PS. Case No.-43 Year-2019 Thana- DOMESTIC VIOLENCE District- Buxar
                 ======================================================
           1.     Sheo Ram Pandey @ Shiv Ram Pandey S/O Late Vindhyachal Pandey R/O
                  Village Bali Sonbarsa, P.S Nawanagar (sonbarsa O.P.), District- Buxar
           2.    Mridula Kumari @ Mridula Kunwar @ Mridula Kunwari W/O Late
                 Vindhyachal Pandey R/O Village Bali Sonbarsa, P.S Nawanagar (sonbarsa
                 O.P.), District- Buxar
           3.    Renu Devi @ Renu Choubey D/O Late Vindhyachal Pandey R/O Village
                 Bali Sonbarsa, P.S Nawanagar (sonbarsa O.P.), District- Buxar
           4.    Soni Devi @ Soni Tiwari D/O Late Vindhyachal Pandey R/O Village Bali
                 Sonbarsa, P.S Nawanagar (sonbarsa O.P.), District- Buxar

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Puja Devi D/O Vishwamitra Tiwari R/O Village Rajdiha, P.S Dumraon,
                 District Buxar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Bhaskar Shankar, Advocate
                 For the State             :     Mr. Upendra Kumar, APP
                 For the O.P. No.2         :     Mr. Rajiv Ranjan Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

8   10-02-2026                   Despite direction, the petitioner No.1/husband has not

                   complied with the order dated 09.01.2026 passed by this Court,

                   whereby the petitioner No.1/husband was directed to bring the

                   bank draft of Rs.3,00,000/- and Rs.5,000/- to be handed over to

                   his wife/O.P. No.2.

                                 2. Hence, this petition is dismissed for non-

                   prosecution.

                                 3. Now, learned Family Court is directed to execute
           Patna High Court CR. REV. No.325 of 2021(8) dt.10-02-2026
                                                        2/2




                     the impugned maintenance order by taking coercive measure

                     under Section 125(3) Cr.PC.



                                                                (Jitendra Kumar, J.)
ravishankar/-

U      T


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