Patna High Court
Bambam Paswan @ Bambam Kumar @ Bambu Paswan @ Bambu @ Bambam @ Bambam PasmamanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner with specified conditions, including a maintenance undertaking and the possibility of cancellation for non‑compliance.
Summary
The petitioner, Bambam Paswan, sought anticipatory bail fearing arrest in a complaint registered under Sections 498A and 323 of the IPC, alleging that his wife, Manita Devi, had falsely implicated him. He offered to pay a monthly maintenance of Rs.3,500 to the wife and their child, arguing that the marital relationship, though strained, could be reconciled over time. The wife’s counsel contended that the mediation had failed and that the maintenance offer was a ploy to obtain bail, while the State opposed the bail application. The Court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S.S. It also stipulated that the bail could be cancelled if the petitioner failed to pay maintenance for two consecutive months, and that any maintenance order by a competent court would supersede the interim arrangement. The order thus balances the petitioner’s right to bail with the protection of the wife’s financial rights.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case involving alleged offences under Sections 498A and 323 IPC.
- Whether the Court can condition anticipatory bail on the petitioner’s compliance with a maintenance undertaking.
- Whether the State’s opposition to anticipatory bail is sufficient to deny bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 498A
Subjects
- anticipatory bail
- Section 498A IPC
- Section 323 IPC
- maintenance
- marital dispute
- mediation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27900 of 2025
Arising Out of PS. Case No.-700 Year-2020 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
Bambam Paswan @ Bambam Kumar @ Bambu Paswan @ Bambu @
Bambam @ Bambam Pasmaman S/o Satan Paswan R/o Village- Virna
Lakhansen, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manita Devi W/o Bambam Paswan @ Bambam Kumar @ Bambu Paswan
@ Bambu @ Bambam @ Bambam Pasmaman D/o Shiv Shankar Paswan,
Permanent R/o Village- Virna Lakhansen, P.S.- Mahua, District- Vaishali,
and presently R/o Village- Chakbhatandi, P.S.- Hajipur Sadar, District-
Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 24-03-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the opposite party no. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 498(A)
and 323 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the
petitioner submits that petitioner, being the husband, has been
falsely implicated in the instant case by the opposite party no. 2.
It is further submitted that relationship in between the petitioner
and the opposite party no. 2 has soured to an extent that where it
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is not possible to revive the conjugal relationship for the present
but with passage of time and on intervention of well-wishers,
the parties may resolve the dispute amicably. It is next submitted
based on instruction that petitioner being the husband is aware
of his responsibility towards the opposite party no. 2 and the
child, as such, petitioner is willing to pay a monthly
maintenance of Rs.3,500/-.
4. Learned counsel appearing on behalf of the
opposite party no. 2 submits that the case was referred for
mediation but then the mediation failed, as such, it might be a
ploy on the part of the petitioner to agree before this Court of
paying an amount of monthly maintenance of Rs.3,500/- only
for the purposes of seeking anticipatory bail on which learned
counsel appearing on behalf of the petitioner submits that
petitioner is aware of the consequences of giving undertaking
before this Court. It is further submitted that if petitioner is
granted anticipatory bail and petitioner breaches the condition of
grant of anticipatory bail in that event the same shall be liable to
be cancelled on which learned counsel appearing on behalf of
the opposite party no. 2 submits that since petitioner is willing
to pay a monthly maintenance of Rs.3,500/-, as such, no useful
purpose would be served by sending the petitioner to jail and
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chances of future reconciliation may also get marred. It is next
submitted that the bank account number of the opposite party
no. 2 shall be WhatsApped on the WhatsApp number of the
learned counsel appearing on behalf of the petitioner and
learned counsel appearing on behalf of the petitioner undertakes
to communicate the same to the petitioner so that monthly
maintenance as agreed commences from 01.04.2026.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. After hearing the learned counsel for the parties, let
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.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Complaint Case
No. 700 of 2020 having Trial No. 1597 of 2020, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that opposite party no. 2
shall be at liberty to approach this Court seeking cancellation of
the anticipatory bail granted to the petitioner in the event the
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petitioner does not deposit the amount of maintenance as agreed
for two consecutive months.
8. It is further made clear that if the Court of
competent jurisdiction fixes the maintenance in that event the
present maintenance shall stop.
(Satyavrat Verma, J)
Kundan/-
U T
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