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2025 DAILYLAW 74229 (PAT)

Jay Shankar Singh @ Mantu v. The State of Bihar, Through Principal Secretary, Dept. Of Home, Govt. of Bihar, Patna

CR. WJC/2104/2024 · 2025-05-01

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2104 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda ====================================================== Jay Shankar Singh @ Mantu Son of Sri Parmanand Singh Resident of Village- Tiuri, PS- Manpur, District- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar, Through Principal Secretary, Dept. Of Home, Govt. of Bihar, Patna bihar 2. The Superintendent of Police, Nalanda at Biharsharif bihar 3. The Sub-Divisional Police Officer, Bihar, Dist- Nalanda bihar 4. The Station House Officer (S.H.O.), Manpur Police Station, Dist- Nalanda bihar 5. Kanchan Kumari Daughter of Arvind Kumar @ Arvind Kumar Singh village- Bhadari, Ps- Silao, Dist- Nalanda ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Imteyaz Ahmad For the Respondent/s : Mr.G.P.25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 01-05-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. The present application has been filed for setting aside the order dated 07.09.2021, passed by learned Principal Judge, Family Court, Nalanda at Biharsharif in Miscellaneous Case No.76 of 2018, arising out of Maintenance Case No.113 M/2015, whereby and whereunder he directed to issue Distree Warrant (D/W) against the opposite party/petitioner for payment of total dues amount of Maintenance amounting to Rs.3,70,000/- to the applicant/ respondent 2nd set and the said order is passed Patna High Court CR. WJC No.2104 of 2024(2) dt.01-05-2025 2/3 ex-parte as well as the order dated 15.05.2018 passed by the Principal Judge, Family Court Nalanda, Biharsharif in Maintenance Case No.113 M/2015 whereunder he allowed the application for grant of maintenance filed on behalf of the respondent 2nd set under Section 125 of the Code of Criminal Procedure directing the Opposite Party/petitioner to pay Rs.5000/- per month to her payable in second week of every month from the date of filing of the said application for grant of maintenance i.e. with effect from 23.06.2015 and this order is also passed ex-parte. 3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the ex-parte order of maintenance. 4. In the maintenance case, order was passed and the petitioner was directed to pay an amount of Rs.5000/- per month i.e. Rs.166.66 per day to the respondent no.5 as maintenance. Learned counsel for the petitioner admitted during the course of hearing that the petitioner is in a private job but he has not disclose that as to what job he is doing and how much salary he is getting. This is the minimum maintenance which can be granted to a lady. 5. This Court will not interfere in the impugned Patna High Court CR. WJC No.2104 of 2024(2) dt.01-05-2025 3/3 order even if it is an ex-parte order. It is, accordingly, dismissed. 6. The Court below is directed to execute the maintenance order. shikha/- (Sandeep Kumar, J) U T