Patna High Court
Komal KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petition for cancellation of bail is dismissed as it is devoid of merit.
Summary
The petitioner, Komal Kumari, filed a criminal miscellaneous petition seeking cancellation of the bail granted to the second opposite party, Sanjeev Kumar, under Cr. Misc. No. 71415 of 2023 dated 29.02.2024. The respondent counsel submitted that the bail‑granted party has been regularly paying a maintenance amount of Rs.2,000 to the court’s Nazarat, with payments made up to June 2025. It was further clarified that the bail order would remain effective only until the outcome of an ad‑interim maintenance order pending before the Family Court, Katihar. The court examined whether the compliance with maintenance obligations and the pending family court order warranted revocation of bail. Finding that the petition raised no substantive ground to disturb the bail, the court held the petition to be without merit. Consequently, the petition was dismissed and the bail remained in force.
Issues considered
- Whether the bail granted to the opposite party should be cancelled on account of alleged non‑compliance with maintenance obligations
- Whether the pending ad‑interim maintenance order affects the validity of the bail
Subjects
- bail cancellation
- maintenance order
- family court
- criminal miscellaneous petition
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29884 of 2024
Arising Out of PS. Case No.-171 Year-2023 Thana- KORHA District- Katihar
======================================================
Komal Kumari W/o Sanjeev Kumar @ Sanjiv Kumar, D/o Kare Lal Poddar
R/o Gerabari, P.S.- Korha, Distt.- Katihar. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sanjeev Kumar @ Sanjiv Kumar S/o Ram Bharoshi Poddar R/o Amarpur,
P.S.- Amarpur, Distt.- Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
For the O.P. No. 2 : Mr. Atul Dayal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
10 10-02-2026 The present petition preferred for
cancellation of bail as granted to opposite party
no. 2 through Cr. Misc. No. 71415 of 2023 dated
29.02.2024.
2. It is pointed out by learned counsel
appearing for the opposite party no. 2 that in
terms of aforesaid order, he is regularly paying the
maintenance amount of Rs. 2000/- with Court
Nazarat. It is pointed out that up to June 2025, the
amount in issue already deposited.
3. It is made clear that the aforesaid order
shall remain operational only till outcome of any
Patna High Court CR. MISC. No.29884 of 2024(10) dt.10-02-2026
2/2
ad-interim maintenance order by learned Family
Court, Katihar.
4. In view of aforesaid, the present criminal
miscellaneous petition is devoids of any merit,
accordingly same stands dismissed.
(Chandra Shekhar Jha, J)
veena/-
U T
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