Pooja Kumari @ Puja Kumari v. The State of Bihar

The State of Bihar through The Chief Secretary, Bihar, Patna Bihar

Amit Prakash S/o Ram Bahadur Sahi R/o Village- Mehandia, P.S.- Mehendia, Distt.- Arwal, at present resident of Mohalla- Booti, P.S.- Sadar, P.O.- Boothi, Distt.- Ranchi, Jharkhand

Sonali Kumari D/o Pawan Kumar @ Rajesh Kumar R/o Village- Salempur, P)P.O.- Sikandarpur, P.S.- Shakurabad, Distt.- Jehanabad ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the State : :

Mr.Prashant Kashyap, Advocate Mr. Prashant Pratap, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 22-07-2025 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

(i) For issuance of Writ of Certiorari thereby quashing the entire proceeding u/s 126(2) CrPc in Misc. Case no.-84/2023 (Amit Prakash vs Puja Kumari) pending in the Court of Addl. Principal Judge, Family Court, Patna initiated at the instance of respondent no. 2 who has willfully avoided the service of summons and willfully evaded to attend the Court resulting Patna High Court CR. WJC No.1558 of 2025(2) dt.22-07-2025 into passing of an ex-parte order dated 26.05.2023 by which the Ld. Court below has directed the respondent no. 2 to pay maintenance of Rs. 10,000/- p.m. (Ten Thousand) to the petitioner and Rs.4000/- (Four Thousand) p.m. to the minor daughter but instead of obeying such direction, the respondent no. 2 has invoked the proceeding u/s 126(2) CRPC in order to delay and defeat such order and direction. (ii) For further direction upon the Learned Addl. Principal Judge, Family Court, Patna to execute its order dated 26.05.2023 passed in Maintenance Case no. 283(M) of 2022 (Puja Kumari Vs Amit Prakash) as it has failed to exercise a jurisdiction which is available to it causing great injustice to the petitioner and her minor daughter. (iii) For alternatively direction upon the Respondent no.2 to pay the petitioner and her minor daughter amount of maintenance so fixed by the Court of Addl. Principal Judge, Family Court, Patna in Maintenance Case no. 283 (m)/2022 order dated 26.05.2023 from the date of application, current and its arrears.

3. The Additional Principal Judge, Family Court is directed to dispose of Misc. Case No. 84 of 2023 and the petition filed by the petitioner under Section 125(3) of the Cr. P.C. within two months from the date of receipt/production of a copy of this order as the contention of the petitioner is that the husband (respondent no. 2) is seeking adjournment in the case and the Additional Principal Judge is also granting adjournment for the last two years.

Let a copy of this order be communicated to the Principal District and Sessions Judge, Patna for its compliance through FAX or e-mail forthwith. (Sandeep Kumar, J) P. Kumar U T