Patna High Court
Sunil Kumar Yadav @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the bail order dated 10.09.2024 need not be modified and dismissed the petition.
Summary
Petitioner Sunil Kumar Yadav was granted bail in Cr. Misc. No.4046 of 2024 on the condition that he would pay a maintenance amount of Rs.4,000 per month to opposite party No.2, Lalita Devi. He later filed a petition seeking modification of the bail order, contending that Lalita Devi had married opposite party No.3, Jay Krish Yadav, and was residing in a new matrimonial home, thus relieving him of the maintenance obligation. The State opposed the petition, arguing that the issue should be addressed at the trial stage. The Court examined the facts and concluded that the existing bail order did not require alteration. Consequently, the petition for modification was dismissed, and the original bail conditions remain in force.
Issues considered
- Whether the bail condition requiring the petitioner to pay maintenance can be modified on the ground that the opposite party has remarried and resides elsewhere
Subjects
- bail
- maintenance
- modification of order
- marriage
- criminal miscellaneous
- condition of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28667 of 2026
In
CRIMINAL MISCELLANEOUS No.4046 of 2024
Arising Out of PS. Case No.-535 Year-2022 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Sunil Kumar Yadav @ Sunil Kumar S/o- Umesh Chandra Yadav Resident of
Mohalla- Kathalwadi PO- Lalbagh PS- Lalit Narayan Mithila University
District-Darbhanga Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalita Devi W/o- Sunil Kumar Yadav @ Sunil Kumar/Jay Krish Yadav, D/o-
Kari Yadav R/v- Atri W.No-5, Po- Laukahi Ps- Laukahi Dist- Madhubani
3. Jay Krish Yadav S/o- Dhaneshwar Yadav R/v- Hanuman Nagar, Po- Dhabhi
Ps- Phulparas Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurva Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and the State.
2. This petition has been filed for modification of
order dated 10.09.2024 passed in Cr. Misc. No. 4046 of 2024
whereby petitioner was granted bail on the basis of his
undertaking that he is ready to give maintenance amount of Rs.
4,000/- (four thousand) per month to the opposite party No. 2.
3. It is submitted on behalf of the petitioner that
during pendency of the case, opposite party No. 2 has already
solemnized marriage with opposite party No. 3 on
09/10.03.2026 and she is residing in her new matrimonial house.
Patna High Court CR. MISC. No.28667 of 2026(2) dt.24-04-2026
2/2
Hence, petitioner is not required to continue to pay the
maintenance amount to the opposite party No. 2, accordingly, he
prays for necessary correction in the aforesaid order.
4. Learned A.P.P. for the State opposes the petition
and submits that it is a matter to be seen at the stage of trial.
5. In view of the aforesaid facts and circumstances,
order dated 10.09.2024 passed in Cr. Misc. No. 4046 of 2024 is
not required to be modified. This modification petition is,
accordingly, dismissed.
(Prabhat Kumar Singh, J)
Navya/-
U T
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