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Patna High Court

Bambam Paswan @ Bambam Kumar @ Bambu Paswan @ Bambu @ Bambam @ Bambam PasmamanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.27900 of 2025(5) dt.24-03-2026
                                            2/4




          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
Patna High Court CR. MISC. No.27900 of 2025(5) dt.24-03-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.27900 of 2025(5) dt.24-03-2026
                                                       4/4




                     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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