Patna High Court
Subhadra RoyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail was not cancelled; the application for cancellation was dismissed.
Summary
The petitioner, Subhadra Roy, filed an application seeking cancellation of the bail granted to her on 20 April 2022 in connection with a complaint case. The petitioner’s counsel argued that the respondent (her husband) was now paying maintenance to her, indicating satisfactory conduct. The court considered the change in circumstances and the petitioner’s satisfaction with the maintenance arrangement. Consequently, the court dismissed the application for bail cancellation. The court also directed that any future application for enhancement of maintenance due to changed circumstances or the age of the girl child be dealt with expeditiously by the Principal Judge of the Family Court, Hajipur.
Issues considered
- Whether the bail granted to the petitioner should be cancelled in view of the respondent’s payment of maintenance
Subjects
- bail cancellation
- maintenance
- family court
- criminal miscellaneous
- application dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24487 of 2025
Arising Out of PS. Case No.-2163 Year-2020 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Subhadra Roy W/o Ram Dayal Tathagat R/o Village- Gorigawa, P.S.- Mahua,
District- Vaishali Nahiyar Address Village and P.O.- Panapur Langa, P.S.-
Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Dayal Tathagat S/o Late Ram Pratap Rai R/o Village- Gorigamma, PS.-
Mahua, District- Vaishali, presently teacher at Higher Secondary School
Mahammadpur Sube, Anchal- Marwan, District- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
Ms. Bela Singh, Advocate
For the Opposite Party/s : Ms. Madhuri Lata
For the O.P. No. 2 ; Mr. Vasant Vikas, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State and the learned counsel for the O.P.
No. 2.
2. This application has been filed for cancellation of
bail which was granted to the petitioner by this Court vide order
dated 20.04.2022 in Cr. Misc. No. 16148 of 2022 with certain
conditions in connection with Vaishali Complaint Case No.
2163 of 2020.
3. Mr. Rajeev Ranjan, the learned counsel for the
petitioner is satisfied with the conduct of the O.P. No. 2. He
Patna High Court CR. MISC. No.24487 of 2025(4) dt.18-02-2026
2/2
submits that the O.P. No. 2 is now paying the maintenance to the
petitioner.
4. In these circumstances, this application is
dismissed.
5. In case the petitioner files an application for
enhancement of the maintenance amount in view of the change
of circumstances and the age of the girl child, the Principal
Judge, Family Court, Hajipur at Vaishali will dispose of the
application of the petitioner expeditiously.
(Sandeep Kumar, J)
Shishir/-
U
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