Dismissed¶22

Karan Rajak v. The State of Bihar

Patna HC17 Apr 2025CR. REV./165/2024

Case brief

AI extract

What is this about?

Service of notice in maintenance proceeding; refusal of notice by father of party deemed good service; ex parte order under Section 125 Cr.P.C. upheld; criminal revision dismissed on contest; Maintenance Case No.07 of 2023; Family Court, Begusarai; Patna High Court; Bibek Chaudhuri, J.; decision dated 17-04-2025.

What did the court decide?

Refusal to accept notice by any male member of the party living in the house amounts to good service of notice. ¶19

Karan Rajak Vs The State of Bihar — Maintenance and Alimony | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.165 of 2024

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Arising Out of PS. Case No.- Year-0 Thana- District- Begusarai

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======================================================

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Karan Rajak Son of Khalthu Rajak Village- Govindpur, ward no. 9, P.S. Sahebpur Kamal, Distt. Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Punam Devi W/o Karan Rajak Resident of Village- Govindpur, P.S.Sahebpur Kamal, District- Begusarai. At present residing at Rani Road, Gudda, P.O. and P.S.- Dhansar, District- Dhanbad (Jharkhand)

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Vishwajeet Kumar Son of Karan Rajak Resident of Village- Govindpur, P.S.Sahebpur Kamal, District- Begusarai. At present residing at Rani Road, Gudda, P.O. and P.S.- Dhansar, District- Dhanbad (Jharkhand)

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Rajvir Kumar Son of Karan Rajak Resident of Village- Govindpur, P.S.Sahebpur Kamal, District- Begusarai. At present residing at Rani Road, Gudda, P.O. and P.S.- Dhansar, District- Dhanbad (Jharkhand)

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the State : Mrs. Asha Kumari, A.P.P. For the O.P. No.2 to 4 : Mr. Rahul Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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6 17-04-2025 The instant criminal revision is directed against an exparte order of maintenance under Section 125 of the Cr.P.C. passed in Maintenance Case No.07 of 2023 by the learned Principal Judge, Family Court, Begusarai on 30.06.2023.

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The impugned ex-parte order is challenged by the petitioner only on the ground that notice was not served upon him.

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However, on perusal of the order dated 19.05.2023 passed by the learned Principal Judge, Family Court, Begusarai

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Patna High Court CR. REV. No.165 of 2024(6) dt.17-04-2025 2/2

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in Maintenance Case No.07 of 2023 that the notice was duly sent to the residential address of the opposite party/petitioner herein but his father refused to accept the said notice.

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Refusal to accept notice by any male member of the party living in the house amounts to good service and the Trial Court held that the notice was served upon the opposite party/petitioner herein in accordance with law but he did not appear. Thereafter, the ex-parte order was passed.

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No other ground is pressed by the learned Advocate on behalf of the petitioner.

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Since, I have come to the finding that the notice was properly served in accordance with law but the father of the petitioner refused to accept the same, there is no illegality in the impugned order.

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Accordingly, the instant criminal revision is dismissed on contest.

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(Bibek Chaudhuri, J)

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mdrashid/-

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U T

Karan Rajak v. The State of Bihar

Case brief

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Karan Rajak v. The State of Bihar

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