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Patna High Court

Md Sadakat @ Mohammad SadakatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with bond and sureties, subject to conditions regarding maintenance payment and cancellation upon default.

Summary

The petitioner, Md Sadakat, sought anticipatory bail fearing arrest in a criminal case (Araria Mahila PS Case No. 60 of 2024) involving offences under several sections of the BNS. He had earlier filed for anticipatory bail which was withdrawn after a notice under Section 35 of the BNSS, and a charge‑sheet was subsequently filed. The dispute is matrimonial; the petitioner, the husband, offered to pay a monthly maintenance of Rs.6,000 to his wife (OP No.2) and the child. The wife’s counsel argued that the maintenance offer might be a ploy, but the State did not oppose the bail. The court, considering the parties’ submissions, granted anticipatory bail under Section 438(2) of the Cr.P.C. with a bond of Rs.5,000 and two sureties, subject to the condition that the bail may be cancelled if the petitioner fails to pay maintenance for two consecutive months, and that maintenance will cease if a competent court fixes it.

Issues considered

  • The appropriateness of granting anticipatory bail in a case involving matrimonial dispute and multiple criminal charges.
  • Whether the petitioner’s undertaking to pay maintenance can be imposed as a condition for anticipatory bail.
  • The applicability of Section 438(2) Cr.P.C. and Section 35 BNSS in the context of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • matrimonial dispute
  • maintenance
  • Section 438 Cr.P.C.
  • Section 35 BNSS
  • bail conditions
  • criminal charges

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2204 of 2026
                      Arising Out of PS. Case No.-60 Year-2024 Thana- MAHILA P.S. District- Araria
                 ======================================================
                 Md Sadakat @ Mohammad Sadakat Son of Md. Najir @ Md. Najeer R/o
                 Village - Chikani, Ward No. 03, P.S and District - Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Najistara Khatoon D/o Anisur Rahman, W/o Md. Sadakat R/o Village -
                 Chikani, Ward no. 03, PS. and Dist. - Araria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Jha
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey, APP
                                                  Mr. Viveka Nand Singh, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026               1.    Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the OP No. 2, Sri Viveka Nand Singh.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 85, 352, 351(2), 351(3) and 3(5) of the BNS.

                             3.    Learned counsel for the petitioner submits that

                   petitioner had earlier moved this Court seeking anticipatory bail

                   by filing Cr. Misc No. 51798 of 2025 and the same was

                   permitted to be withdrawn as notice under Section 35 BNSS

                   was given to the petitioner. It is next submitted that thereafter

                   police submitted charge-sheet based on which cognizance came
Patna High Court CR. MISC. No.2204 of 2026(2) dt.28-04-2026
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          to be taken hence petitioner apprehends arrest.

                   4.     The learned counsel for the petitioner submits that

          dispute is matrimonial and petitioner is the husband. It is fairly

          submitted that presently the relationship in between the

          petitioner and the OP No. 2 has soured to an extent where it is

          not possible to revive the conjugal relationship, but with passage

          of time and on intervention of well-wishers, the parties may

          resolve their dispute amicably. It is also submitted that petitioner

          being husband is aware of his responsibility towards the OP

          No.2 and the child, who presently is residing with the OP No. 2,

          as such petitioner is willing to pay a monthly maintenance of

          Rs. 6,000/- to the OP No. 2, which shall commence from 1-5-

          2026.

                   5.     Learned counsel appearing on behalf of the OP No.

          2 submits that it might be a ploy of the petitioner to seek

          anticipatory bail and after obtaining anticipatory bail, the

          monthly maintenance as agreed may not be credited in the

          account of the OP No. 2, on which the learned counsel

          appearing on behalf of the petitioner submits that petitioner is

          aware of the consequences which would entail in the event if the

          petitioner breaches the undertaking given before this Court, it is

          further submitted that if privilege of anticipatory bail is granted
Patna High Court CR. MISC. No.2204 of 2026(2) dt.28-04-2026
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          to the petitioner and subsequently if the petitioner does not pay

          the amount of maintenance, in that event, his anticipatory bail

          shall be liable to be cancelled, on which the learned counsel

          appearing on behalf of the OP No. 2 submits that              since

          petitioner is willing to pay a monthly maintenance of Rs.

          6,000/-, as such no useful purpose would be served by sending

          the petitioner to jail as chances of future reconciliation will also

          get marred.

                   6.     The learned counsel for the OP No. 2 also submits

          that he will WhatsApp the bank account number of the OP No. 2

          on the WhatsApp number of the learned counsel for the

          petitioner and the learned counsel for the petitioner undertakes

          to communicate the same to the petitioner so that the monthly

          maintenance commences from 1-5-2026.

                   7.     Learned APP also does not oppose the anticipatory

          bail application in view of the submissions made by learned

          counsel for the parties.

                   8.     Considering the submission made by the learned

          counsel for the parties, the petitioner above-named, in the event

          of his arrest or surrender within a period of six weeks from

          today, be released on anticipatory bail on furnishing bail bonds

          of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the
              Patna High Court CR. MISC. No.2204 of 2026(2) dt.28-04-2026
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                        like amount each to the satisfaction of the learned trial court

                        where the case is pending/successor court in connection with

                        Araria Mahila PS Case No.                  60 of 2024, subject to the

                        conditions as laid down under Section 438 (2) of the Cr.P.C.

                                 9.     However, it is made clear that OP No. 2 shall be at

                        liberty to file an application before this court seeking

                        cancellation of the anticipatory bail granted to the petitioner, in

                        the event if the petitioner does not deposit the monthly

                        maintenance as agreed for two consecutive months.

                                 10. It      is    further      made    clear   that   the   present

                        maintenance shall stop, if a court of competent jurisdiction fixes

                        the maintenance.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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