KUMAR SAURABH @ SOMUversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50852 of 2022
                                              In
                              CRIMINAL MISCELLANEOUS No.32178 of 2021
                   Arising Out of PS. Case No.-10 Year-2020 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
                 KUMAR SAURABH @ SOMU Son of Mahanand Singh Resident of Village
                 - Khopira, P.S.- Pawana, District - Bhojpur, Bihar, At present resident of at
                 P.I.T. Colony, L2/57, Kankarbagh, P.S.- Patrakar Nagar, Town and District -
                 Patna 800020

                                                                                ... ... Petitioner/s
                                                    Versus
                 1. The State of Bihar
                 2. Rubi Kumari, D/o Ram Dinesh Pandy, R/v, Manipur, P.S. Nokha, District,
                 Rohtas, at present resident of Ganga Bihar Colony, P.S. Beur Town, Distinct,
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Kamala Kant Tiwary, Advocate
                                                Mr.Kundan Rathore@ Kundan Kumar, Advocate
                 For the Opposite Party/s :     Mr.Ajit Kumar, APP
                 for the informant        :     Mrs. Usha Kumari Singh, Advocate
                                                Ms. Sunidhi Vimal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   14-05-2026                    Heard the parties.

                               2. The present application has been filed for

                   modification of the order dated 09.05.2022 passed in Cr. Misc.

                   No.32178 of 2021, whereby the petitioner was allowed

                   anticipatory bail. One of the conditions therein was that the

                   petitioner shall deposit Rs.5,000/- in first week of every month

                   commencing from May as maintenance in the account furnished

                   by the informant and bail bond of the petitioner would be

                   accepted by the learned District Court on showing receipt of
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          deposit of Rs.5,000/- (for the month of May) by the petitioner in

          the account of the informant.

                     3. Learned counsel appearing on behalf of the petitioner

          submitted that in terms of the order dated 09.05.2022, the

          informant/O.P. No. 2 was required to furnish her bank account

          details to the petitioner for the purpose of compliance with the

          conditions stipulated therein. However, despite the said

          direction, neither the informant nor her learned counsel

          furnished the requisite bank account details to the petitioner and,

          consequently, for reasons beyond the petitioner’s control, the

          order dated 09.05.2022 could not be complied with.

                     4. Vide order dated 27.04.2026, the Senior Superintendent

          of Police, Patna was directed to verify as to whether O.P. No. 2 was

          residing at the present address mentioned in the bail application. In

          compliance of the aforesaid order, a report has been submitted by the

          Senior Superintendent of Police, Patna stating therein that upon

          verification of the address furnished in the bail application, no

          definite information could be gathered regarding the present

          whereabouts of O.P. No. 2. Thereafter, further steps were taken by

          seeking verification through the Superintendent of Police, Rohtas

          with regard to the whereabouts and status of O.P. No. 2.

                     5. Learned counsel at this stage submitted that

          petitioner had filed a petition for divorce under Section 13-B of
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          the Hindu Marriage Act, 1955 against the informant being

          Matrimonial Case No.1451 of 2019 in which ex-parte decree of

          divorce has been passed vide judgment dated 03.01.2026, by the

          learned Family Court, Patna, copy of which has been brought on

          record as Annexure P/9 to the supplementary affidavit filed on

          behalf of      the petitioner. In the said judgment, it has been

          recorded that statement of the informant was recorded under

          Sections 161 and 164 of CrPc, wherein she has admitted that she

          has already married with another person, namely, Aniket Raj.

                     6. In view of the specific information brought on

          record, particularly the findings and observations contained in

          the judgment dated 03.01.2026, this Court is of the considered

          view that no purpose would be served in keeping the present

          issue alive. It transpires from the statement of O.P. No. 2

          recorded under Section 164 Cr.P.C. that she has unequivocally

          stated her intention to lead her matrimonial life with another

          person, namely, Aniket Raj, with whom she has already

          solemnized marriage. It further appears that the present

          petitioner has already obtained a decree of divorce under

          Section 13(1-B) of the Hindu Marriage Act, 1955.

                     7. I find that the petitioner had earlier been granted the

          privilege of pre-arrest bail vide order dated 09.05.2022 passed in
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          Cr. Misc. No. 32178 of 2021. In the aforesaid backdrop, this

          Court finds that the undertaking allegedly given on behalf of the

          petitioner for payment of Rs.5,000/- per month towards

          maintenance to O.P. No. 2 no longer survives for consideration

          in view of the subsequent developments noticed hereinabove.

          Consequently, this Court does not find any necessity for

          modification of the order dated 09.05.2022.

                     8. Since this Court has already taken into consideration

          the subsequent developments in the matter, particularly the fact

          that O.P. No. 2 has already solemnized marriage with another

          person and the petitioner has also obtained a decree of divorce

          as recently as on 03.01.2026, this Court is of the view that no

          further orders are required in the matter. Apart from the

          aforesaid subsequent developments, this Court further finds that

          the prayer for modification of the order dated 09.05.2022 is

          otherwise not maintainable in law, inasmuch as the said order

          has already attained finality and, in view of the bar contained

          under Section 362 of the Cr.P.C., corresponding to Section 403

          of the BNSS, this Court has no jurisdiction to alter or review the

          same except for correction of clerical or arithmetical errors.

                      9. The present modification application is consigned to

          record.
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                                10. This Court appreciates the manner in which Mr.

                     Kamla Kant Tiwary, learned counsel, has assisted this Court,

                     placing the relevant facts in their proper perspective.



                                               (Purnendu Singh, J)
Sanjay/-

U      T