Shivendu Bhushan Jha @ Kanchan Jha vs The State Of Bihar
2021 Latest Caselaw 2561 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.70565 of 2019
                               Arising out of
                  CRIMINAL MISCELLANEOUS No.3571 of 2015
          Arising Out of PS. Case No.-8 Year-2014 Thana- MAHILA P.S. District- Sitamarhi
     ======================================================

Shivendu Bhushan Jha @ Kanchan Jha, age-36 years (M), Son of Late Pitambar Jha, Resident of Village- Marpa, P.S.- Kanhauli, District- Sitamarhi. At present Resident of Kamla Garden, Sitamarhi, P.S. and District- Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar

2. Pushpanjali Devi @ Pushpanjali Jha @ Guriya, D/o Sri Deo Chandra Jha, Resident of Village- Morsand, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s     :        Mr. Surendra Kishore Thakur, Advocate
     For the State            :        Mr. Rajendra Nath Jha, APP
     For the O.P. No. 2       :        Mr. Ashok Kumar Jha, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Surendra Kishore Thakur, learned counsel

for the petitioner; Mr. Rajendra Nath Jha, learned Additional

Public Prosecutor (APP) for the State and Mr. Ashok Kumar Jha,

learned counsel for the opposite party no. 2.

3. The present application has been filed seeking

modification of order dated 03.05.2019 passed in Cr. Misc. No.

3571 of 2015 by which the petitioner was directed to pay

Rs. 4,000/- per month interim maintenance. Patna High Court CR. MISC. No.70565 of 2019 dt.23-06-2021

4. Learned counsel for the petitioner had taken a stand

that in the present case, the petitioner was paying Rs. 4,000/-, but

because in an application filed by the opposite party no. 2 under

Section 125 of the Code of Criminal Procedure, 1973, by order

dated 10.07.2015, the Principal Judge, Family Court, Sitamarhi

had awarded monthly maintenance of Rs. 4,000/- per month,

resulting in confusion as to whether Rs. 4,000/- awarded by the

Family Court was in addition to Rs. 4,000/- per month directed to

be paid in terms of order dated 03.05.2019 in Cr. Misc. No.3571 of

2015.

5. The matter was adjourned on a number of occasions

and finally on 07.04.2021, learned counsel for the petitioner had

taken two weeks' time to make up-to-date payment as per the order

dated 03.05.2019.

6. Today, learned counsel for the petitioner submitted

that pursuant to the same, Rs. 1,50,000/- has been deposited in the

account of the opposite party no. 2. The same is not denied by

learned counsel for the opposite party no. 2.

7. Learned counsel for the petitioner submitted that

because he is currently out of job and in view of the prevailing

circumstances, with regard to the remaining outstanding amount

which would come to about Rs. 1,00,000/-, three months' time be Patna High Court CR. MISC. No.70565 of 2019 dt.23-06-2021

granted and thereafter he submitted that it is undertaken by the

petitioner that he shall ensure that the monthly payment of Rs.

4,000/- per month would be paid to the opposite party no. 2 by the

7th of the following month till the time the order of learned

Principal Judge, Family Court, Sitamarhi remains in operation.

8. Learned counsel for the opposite party no. 2 takes a

reasonable stand and submitted that in view of the circumstances

prevailing, the Court may take a view in the matter. However, he

prayed that the Court may direct the petitioner in strict terms so

that he does not commit default in his undertaking given before the

Court today.

9. Having considered the matter, the applications stands

disposed off in the following agreed terms.

10. The order dated 03.05.2019 passed in Cr. Misc. No.

3571 of 2015 stands clarified to the extent that the payment of Rs.

4,000/- per month shall be made by the petitioner to the opposite

party no. 2 pursuant to both the order dated 03.05.2019 as also the

order dated 10.07.2015 passed by the Principal Judge, Family

Court, Sitamarhi in Maintenance Case No. 161 of 2014, till the

time the said order is subsisting. The petitioner, in terms of his

undertaking, shall ensure that the arrears along with current

amount, till September, 2021, shall be credited into the account of Patna High Court CR. MISC. No.70565 of 2019 dt.23-06-2021

the opposite party no. 2, latest by 7th October, 2021. Thereafter, the

petitioner shall also ensure that payment for the subsequent

months shall be credited into the account of the opposite party no.

2 latest by 7th of the following months.

11. It is made clear that the aforesaid clarification has

been made in view of the undertaking given by the petitioner

before the Court, as recorded above, and any violation of the same

shall entail strict consequences for the petitioner.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T