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Patna High Court

Rohit MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail with bond and conditions, including cancellation if the petitioner fails to pay maintenance for two consecutive months.

Summary

Rohit Mukhiya, facing charges under Sections 341, 323, 498A, 506 and 34 of the IPC, applied for anticipatory bail after a prior application was withdrawn under Section 41(1)(b) of the CrPC. The dispute is matrimonial; he is the husband of Rita Kumari, with whom the relationship has broken down and a child resides with the wife. Mukhiya offered to pay a monthly maintenance of Rs.4,000 starting 1‑May‑2026 and sought bail to avoid arrest. The court, noting the parties' agreement and the State’s lack of opposition, granted anticipatory bail on condition of a Rs.5,000 bond with two sureties, subject to Section 438(2) CrPC, and stipulated that the bail could be cancelled if maintenance is not paid for two consecutive months. The order also stated that any court‑determined maintenance would supersede the agreed amount.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite pending serious IPC offences.
  • Whether the court can impose a condition of payment of matrimonial maintenance as part of anticipatory bail.
  • Whether anticipatory bail may be cancelled on failure to comply with the maintenance condition.

Legislation cited

Subjects

  • anticipatory bail
  • matrimonial dispute
  • maintenance
  • IPC offences
  • Section 438 CrPC
  • Section 41 CrPC
  • domestic violence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2647 of 2026
                    Arising Out of PS. Case No.-198 Year-2023 Thana- MANIGACHI District- Darbhanga
                 ======================================================
                 Rohit Mukhiya son of Ramesh Mukhiya Resident of Village- Ramanli, Ps-
                 Bahera, Dist- Darbhanga, At present Village- Adhloam, Ps- Bahera, Dist-
                 Darbhanga

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rita Kumari wife of Rohit Mukhiya Resident of Village- Katma, Ps-
                 Manigachhi, Dist- Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Kumar
                 For the Opposite Party/s :       Mr.Brajendra Nath Pandey,
                                                  Mr. Saurav Anand, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 341, 323,

                   498A, 506 and 34 of the Indian Penal Code.

                             3.    Learned counsel for the petitioner submits that

                   petitioner had earlier moved this Court seeking anticipatory bail

                   by filing Cr. Misc No. 13943 of 2025 and the same was

                   permitted to be withdrawn as notice under Section 41(1)(b)

                   Cr.P.C was given to the petitioner. It is next submitted that

                   thereafter police submitted charge-sheet based on which
Patna High Court CR. MISC. No.2647 of 2026(3) dt.28-04-2026
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          cognizance came 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. 4,000/- 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.2647 of 2026(3) dt.28-04-2026
                                            3/4




          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.

          4,000/-, 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.2647 of 2026(3) dt.28-04-2026
                                                          4/4




                        like amount each to the satisfaction of the learned trial court

                        where the case is pending/successor court in connection with

                        Manigachhi PS Case No. 198 of 2023, 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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