Patna High Court
Rekha Devi @ Rekha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail remains in force but may be cancelled if the maintenance condition is not complied with, subject to verification by the magistrate.
Summary
The petitioner sought cancellation of the anticipatory bail granted to the respondent (Opposite Party No.2) in a case involving offences under Sections 341, 323, 498A and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The bail order of 24‑01‑2022 had imposed a condition that the respondent pay a monthly maintenance of Rs.5,000 to the petitioner, which he allegedly failed to do for eight consecutive months. The court examined whether non‑payment of the maintenance condition justified revocation of the anticipatory bail. It held that the bail could be cancelled only after verification of compliance with the condition. Accordingly, the court directed the concerned magistrate to ascertain whether the maintenance has been paid and, if not, to cancel the bail bonds, and to submit a compliance report within two weeks. The application was disposed of pending that verification.
Issues considered
- Whether anticipatory bail can be cancelled for failure to comply with a condition of paying maintenance.
- Whether the court may direct a magistrate to verify compliance and cancel bail bonds if the condition is breached.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A
Subjects
- anticipatory bail
- maintenance
- condition of bail
- cancellation of bail
- Dowry Prohibition Act
- IPC offences
- magistrate verification
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36314 of 2026
Arising Out of PS. Case No.-122 Year-2019 Thana- JALALPUR District- Saran
======================================================
Rekha Devi @ Rekha Kumari Wife of Pravin Kumar Pandit @ Praveen
Daughter of Chabila Pandit, Resident of Village - Tole Bahor Ray, Bhatkeshri,
P.S.- Jalalpur, District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pravin Kumar Pandit @ Praveen Son of Baleshwar Pandit Resident of
village - Baghauna, P.S.- Siswan, District - Siwan (But in order dated 24-01-
2022 passed in Crim. Misc. No. 28324 of 2021 it has been wrongly
mentioned as Saran at Chapra), and presently residing in Pakki Colony,
House No. 1888, Sector - 52, P.S.- Flats Sector - 61, Sahibjada Ajit Singh
Nagar, Chandigarh.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-07-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The present application has been filed seeking
cancellation of the anticipatory bail granted to Opposite Party
No. 2 vide order dated 24.01.2022 passed in Cr. Misc. No.
28324 of 2021 arising out of Jalalpur P.S. Case No. 122 of 2019,
registered under Sections 341, 323, 498A and 34 of the Indian
Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. The learned counsel for the petitioner submits that
while granting anticipatory bail to Opposite Party No. 2, this
Patna High Court CR. MISC. No.36314 of 2026(2) dt.10-07-2026
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Court was pleased to direct him to pay maintenance of Rs.
5,000/- per month to the petitioner regularly on or before the
10th day of each succeeding month. The said direction
constituted a material and essential condition for the grant of
anticipatory bail. However, Opposite Party No. 2 has
deliberately and willfully violated the said condition by failing
to pay the maintenance amount for the last eight consecutive
months.
4. In view of the facts and circumstances of the case
and considering the submissions made on behalf of the
petitioner, the present application stands disposed of with a
direction to the learned Magistrate concerned to verify whether
Opposite Party No. 2 has complied with the conditions imposed
by this Court in its order dated 24.01.2022 passed in Cr. Misc.
No. 28324 of 2021. In the event it is found that the said order
has not been complied with, the learned Magistrate shall cancel
the bail bonds of Opposite Party No. 2 forthwith, in accordance
with law.
6. The learned Magistrate concerned shall submit a
compliance report to this Court within a period of two weeks
from today.
7. List this case after two weeks for perusal of the
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compliance report.
8. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Saran at Chapra through
FAX or e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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