Dismissed¶17

Rohit Kumar v. The State of Bihar

Patna HC15 Jul 2025CR. REV./326/2023

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Patna High Court Criminal Revision CR. REV. No.326 of 2023, decided 15-07-2025 by Justice Jitendra Kumar. Petitioner Rohit Kumar versus State of Bihar and Pushpanjali Kumari Verma. Concerns ex-parte maintenance order dated 02.12.2022 of Principal Judge, Family Court, Begusarai in Maintenance Case No. 02 of 2021 (Rs. 4,000/- per month maintenance plus Rs. 7,500/- litigation cost). Dismissed as withdrawn with liberty to apply under Section 126 (2) Cr.PC to set aside the ex-parte order. Keywords: Section 126(2) CrPC, ex-parte maintenance order, withdrawal, Family Court Begusarai, liberty to file application.

What did the court decide?

Liberty to move an appropriate application under Section 126 (2) Cr.PC for setting aside the impugned ex-parte order. ¶17

Rohit Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.326 of 2023

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

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

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Rohit Kumar, Son Of Late Anjani Kumar Verma, Resident Of VillageIshakchak, Ishwar Nagar, Near Bisahri Asthan Ps- Ishakchak, DisttBhagalpur

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Pushpanjali Kumari Verma, Daughter Of Late Narayan Prasad Verma Resident Of Village- Station Road Ward No. 30, PS- Town, PO- Begusarai Sadar, Distt- Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner : Mr. Dharmendra Kumar Sinha, Advocate Mr. Shashi Shekhar, Advocate For the State : Mr. Sanjay Kumar Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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12 15-07-2025 The present Criminal Revision petition has been preferred by the petitioner against the impugned order dated 02.12.2022, passed by learned Principal Judge, Family Court, Begusarai in Maintenance Case No. 02 of 2021, whereby learned Principal Judge has passed the impugned order ex-parte , directing the petitioner herein to pay Rs. 4,000/- per month to his wife/Pushpanjali Kumar Verma (O.P. No. 2 herein) towards her maintenance, besides doing payment of Rs. 7,500/- towards litigation cost.

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2. Learned counsel for the petitioner submits that the petitioner has not moved any application before the Family

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Patna High Court CR. REV. No.326 of 2023(12) dt.15-07-2025 2/2

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Court under Section 126 (2) Cr.PC for setting aside the ex-parte proceeding. Hence, after some arguments, learned counsel for the petitioner is seeking permission to withdraw the present petition with liberty to file appropriate application under Section 126 (2) Cr.PC for setting aside the ex-parte order.

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3. Permission is granted.

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4. Accordingly, the present petition is dismissed as withdrawn with liberty to move appropriate application under Section 126 (2) Cr.PC for setting aside the impugned order which has been passed ex-parte .

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(Jitendra Kumar, J)

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shoaib/-

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U T

Rohit Kumar v. The State of Bihar

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Rohit Kumar v. The State of Bihar

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