Patna High Court

Rakesh ChoudharyversusThe State of Bihar

Decided: 27 February 2026
Disposal: ALLOWED
Bench: PRABHAT KUMAR SINGH

Holding

The court modified the earlier anticipatory bail order, exempting the petitioner from paying maintenance and granting eight weeks to surrender and furnish a bail bond.

Summary

The petitioner, Rakesh Choudhary, had been granted anticipatory bail on 4 July 2022 with a direction to pay a monthly maintenance of Rs.3,000 to the complainant, Sanju Devi, and to furnish her bank account details. The complainant failed to provide the required account information despite valid notice, preventing the petitioner from complying with the maintenance direction. The petitioner filed a modification application seeking relief from the maintenance obligation. The court observed that the complainant’s non‑compliance rendered the maintenance direction ineffective and, considering the petitioner's readiness to comply, granted an eight‑week period for the petitioner to surrender and furnish a bail bond. Consequently, the court modified the earlier order, relieving the petitioner of the maintenance payment. The modification petition was allowed.

Issues considered

Whether the anticipatory bail order can be modified to waive the maintenance payment due to the complainant's failure to furnish bank account details.
Whether the petitioner should be required to surrender and furnish a bail bond within a specified time.

Subjects

anticipatory bail
modification of order
maintenance
non‑compliance
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.49622 of 2025
                                             In
                             CRIMINAL MISCELLANEOUS No.54706 of 2021

                 Arising Out of PS. Case No.-23 Year-2019 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Rakesh Choudhary S/O Pradyuman Chaudhary R/O Village- Shivpur
                 Chitanli, P.S- Agarer, Distt.- Rohtas.

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar
           2.    Sanju Devi D/O Ram Ashish Chaudhary R/O Village- Arang Tola, P.S-
                 Dinara (Bhanas), Distt.- Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :      Mr. Ashish, Advocate
                 For the State           :      Ms. Madhuri Lata, APP
                 For Opposite Party No. 2:      None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   27-02-2026                 Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                               2. Despite valid service of notice, nobody appears on

                   behalf of the complainant/Opposite Party No. 2.

                               3. This application has been filed for modification of

                   order dated 04.07.2022 passed in Cr. Misc. No. 54706 of 2021

                   by this Court whereby this Court has granted anticipatory bail to

                   the petitioner with a direction to pay maintenance of Rs. 3,000/-

                   (Three thousand rupees) per month to the complainant/Opposite
Patna High Court CR. MISC. No.49622 of 2025(3) dt.27-02-2026
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          Party No. 2 and the same shall be subject to any order passed in

          maintenance case for final settlement. This Court further

          directed the complainant/Opposite Party No. 2 to furnish her

          account details for fulfillment of the directions issued by this

          Court.

                       4. Learned counsel for the petitioner submits that in

          pursuance of said order dated 04.07.2022, the petitioner is ready

          to deposit Rs. 3,000/- per month in the account of the

          complainant/Opposite Party No. 2, however, till date, the

          complainant/Opposite Party No. 2 has not furnished her bank

          account details before the learned trial court for compliance of

          the aforesaid order, which is also evident from the order sheet of

          the learned trial court, copy of which is Annexure-P/2 to this

          modification application.

                       5. In view of reasons assigned in the petition and

          materials available on record, further eight weeks’ time from

          today is granted to the petitioner, above named, to surrender and

          furnish bail-bond before the concerned Court where the case is

          pending and the petitioner does not require to pay any

          maintenance amount to complainant/Opposite Party No. 2.

                       6. Accordingly, order dated 04.07.2022 passed in Cr.

          Misc. No. 64706 of 2021 is modified to the above extent and this
             Patna High Court CR. MISC. No.49622 of 2025(3) dt.27-02-2026
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                       modification petition is allowed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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