Pramod Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.51 of 2023

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

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Pramod Kumar S/O Keshav Prasad R/v- Chakan, Chamandih, P.S.Chandauti, District- Gaya At present working as a Loco Pilot (Goods) in the office of Chief Crew Controller (Electrical), East Central Railway, Dhanbad (Jharkhand)

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... ... Petitioner/s

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Versus

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The State of Bihar

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Anjana Devi W/O Pramod Kumar D/O Krishna Kumar Sharma Presently residing at Krishna Engineering Lethe Workshop, Laheriatola (Bhagirath Marg), P.S.- Kotwali, District- Gaya

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The Union of India

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... ... Respondent/s

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with

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CRIMINAL REVISION No. 161 of 2023

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

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Smt. Anjana Devi Wife Of Sri Pramod Kumar (d/o Sri Krishna Kumar Bishwakarma) R/O M/S Krishna Engineering Lethe Work Shop, Laheria Tola (bhagirath Marg), P.S.- Kotwarli, Town And District- Gaya- 823001 (bihar) By Profession House Wife

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Master Shashank Son Of Pramod Kumar And Anjana Devi U/G Of Their Mother Anjana Devi, Mother And Guardian R/O M/S Krishna Engineering Lethe Work Shop, Laheria Tola (bhagirath Marg), P.S.- Kotwarli, Town And District- Gaya- 823001 (bihar)

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Master Rishav Kumar @ Rishabh Son Of Pramod Kumar And Anjana Devi U/G Of Their Mother Anjana Devi, Mother And Guardian R/O M/S Krishna Engineering Lethe Work Shop, Laheria Tola (bhagirath Marg), P.S.Kotwarli, Town And District- Gaya- 823001 (bihar)

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sri Pramod Kumar Son Of Late Keshav Prasad Employed As Loco Pilot (GOODS) O/O Chief Crew Controller (ELECTRICAL) Officer, East Central Railway, Dhanbad-826001 (JHARKHAND) R/O Village- Chakand, Chamandih, Post- Chakand, P.S.- Chandauti Thana, District- Gaya (BIHAR)

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Patna High Court CR. REV. No.51 of 2023(7) dt.17-06-2025 2/6

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... ... Respondent/s

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Appearance : (In CRIMINAL REVISION N For the Petitioner/s : For O.P. No. 2 : For the State : (In CRIMINAL REVISION N For the Petitioner/s : For the State : ====================	o. 51 of 2023) Mr.Rakesh Kumar Sharma, Adv. Mr. Sachin Kumar, Adv. Mr. Ram Bilash Roy Raman o. 161 of 2023) Mr. Rewti Kant Raman, Adv. Mr. Sunil Kumar Pandey, APP ==================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

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ORAL ORDER

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7 17-06-2025

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Both the revisional applications are taken up for consideration as they arise out of the same impugned order, passed by the learned Principal Judge, Family Court, Gaya, upon an application under Section 127 of the Cr.P.C., filed by Anjana Devi, opposite party no.2, in Criminal Revision No. 51 of 2023 and the petitioner in Criminal Revision No. 161 of 2023.

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From the pleading of the parties, the following undisputed circumstances are appearing:-

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(I) Anjana Devi is the legally married wife of Pramod

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Kumar.

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(ii) In the wedlock between Pramod Kumar and Anjana Devi, the parties were blessed with two sons and they are now students.

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(iii) A long standing matrimonial discard is going on between the parties.

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Patna High Court CR. REV. No.51 of 2023(7) dt.17-06-2025 3/6

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Previously, in a proceeding under Section 125 of the Cr.P.C., the petitioner/husband was directed to pay maintenance allowance @ Rs. 7,000/- to his wife and Rs. 1,000/- each to his two children.

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In the year 2018, the petitioner/wife filed an application under Section 127 of the Cr.P.C., which was registered as Criminal Miscellaneous Case No. 48 of 2018, praying for enhancement of maintenance allowance. The trial court, on careful consideration enhanced maintenance allowance @ Rs. 12,000/- per month in favour of the wife and Rs. 5,000/per month each in favour of two minor sons, total being Rs. 22,000/-.

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The husband/petitioner has challenged the said order on the solitary ground that he has old ailing mother and he requires to maintain his mother from his salary and it is not possible for him to pay Rs. 22,000/- per month.

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Learned Advocate on behalf of the petitioner has produced a salary slip of the husband namely Pramod Kumar for the month of May, 2025. It appears from the said salary slip that the petitioner earns net pay of Rs. 1,26,824/-.

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Learned Advocate on behalf of the petitioner submits that a sum of about Rs. 20,000/- is a variable amount

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Patna High Court CR. REV. No.51 of 2023(7) dt.17-06-2025 4/6

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because of the fact that it depends upon the kilometer which he drives a Train, in a particular month, as a Loco Pilot driver. This is an incentive in the name of kilometer range allowance which varies from month to month. Thus, it is admitted by the learned Advocate for the petitioner that the petitioner earns Rs. 1,05,000/- on an average per month.

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Learned Advocate on behalf of the petitioner also refers to a decision of the Hon’ble Supreme Court in the case of Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy , reported in A.I.R. 2017 SC 238 . It is held by the Hon’ble Supreme Court, following Dr. Kulbhushan Kumar Vs. Raj Kumari & Anr., reported in (1970) 3 SCC 129 , that 25% of husband’s net salary would be just and proper to be awarded as maintenance to the respondent/wife.

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Very recently the Hon’ble Supreme Court in Rakhi Sadhukhan Vrs. Raja Sadhukhan , reported in 2025 SCC online SC 1259, held on the basis of a finding that the respondent/husband current net monthly income is Rs. 1,64,039/-, that the quantum of permanent alimony fixed by the High Court requires revision. The respondents/ husband’s income, financial disclosures, and past earnings establish that he is in a position to pay a higher amount. The appellant wife, who

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Patna High Court CR. REV. No.51 of 2023(7) dt.17-06-2025 5/6

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has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of the standard of living she enjoy during the marriage and which reasonably secures her future. Furthermore, the inflationary cost of living and her continued reliance on maintenance as the sole means of financial support necessitate a reassessment of the amount. Under such circumstances, the Hon’ble Supreme Court revised the order passed by the High Court at Kolkata of maintenance allowance of Rs. 20,000/- to maintenance allowance of a sum of Rs. 50,000/- per month, subject to enhancement of 5% of every two years.

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In the instant case, the petitioner/wife in Criminal Revision No. 161 of 2023 has not prayed for enhancement of maintenance allowance. Without such prayer, I am not in a position to apply the ratio of Rakhi Sadhukhan (supra) .

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The order passed by the learned trial judge in Criminal Miscellaneous Case No. 48 of 2018 is affirmed.

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The Union of India/opposite party no. 3 is directed to deduct the said amount of Rs. 20,000/- towards monthly maintenance and deposit the same to the Bank Account of opposite party namely, Anjana Devi along with the arrears maintenance, if any.

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Patna High Court CR. REV. No.51 of 2023(7) dt.17-06-2025 6/6

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With the above order, the instant Criminal

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Revisions are disposed of.

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(Bibek Chaudhuri, J)

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pravinkumar/-

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U T

Pramod Kumar v. The State of Bihar

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Pramod Kumar v. The State of Bihar

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