Patna High Court

Subham Singh @ GoluversusThe State of Bihar

Decided: 18 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

The bail order is not to be modified; the petition for modification is dismissed.

Summary

Subham Singh (Petitioner) was granted bail on 18‑07‑2024 with the condition that he pay Rs 3000 per month as maintenance to his wife, Kumari Annu. He filed a petition seeking modification of that bail order, contending that the Family Court, Chandauli had earlier directed him to pay Rs 2500 per month under Section 24 of the Hindu Marriage Act in Divorce Case No. 311 of 2023, a fact he could not disclose before the bail was granted. The State opposed the modification, pointing out that the bail order already contained a clause making the maintenance payment subject to any order in the matrimonial or related proceedings. The Court observed that the bail order was expressly conditioned on any future family‑court order and therefore required no alteration. Consequently, the petition for modification was dismissed.

Issues considered

Whether the bail order fixing a maintenance amount of Rs 3000 per month should be modified to reflect the earlier Family Court order of Rs 2500 per month under Section 24 of the Hindu Marriage Act.

Legislation cited

Hindu Marriage Act — s. 24

Subjects

bail
maintenance
Hindu Marriage Act
modification of order
family court
interim maintenance
criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.564 of 2026
                                               In
                              CRIMINAL MISCELLANEOUS No.15972 of 2024
                    Arising Out of PS. Case No.-1812 Year-2022 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                 ======================================================
                 Subham Singh @ Golu Son of Gunjan Singh Resident of Village- Baheri,
                 P.O.- Kamalkpur, P.S.-Chandauli, District- Chandauli (U.P.).

                                                                                ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Kumari Annu @ Puja Kumari Daughter of Arjun Singh and Wife of
                 Shubham Singh @ Golu Resident of Village- Dumariya, P.O.- Bishunpura,
                 P.S.- Koilwar, Distt.- Bhojpur (Bihar)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :    Mr. Syed Ehteshamuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the parties.

                                2. This petition has been filed for modification of

                   order dated 18.07.2024 passed in Cr. Misc. No. 15972 of 2024

                   by which petitioner was granted bail on the basis of his

                   undertaking that he is ready to give maintenance amount of Rs.

                   3000/- (three thousand) per month to the opposite party No. 2.

                                3. The present modification petition has been filed on

                   the ground that prior to the impugned order, learned Principal

                   Judge, Family Court, Chandauli, U.P. had already directed

                   petitioner to pay Rs. 2,500/- per month as interim maintenance

                   under Section 24 of the Hindu Marriage Act in Matrimonial
            Patna High Court CR. MISC. No.564 of 2026(2) dt.18-02-2026
                                                        2/2




                      Case No. 311 of 2023 (Divorce) but the aforesaid fact could not

                      be placed before the Court while seeking pre-arrest bail and as

                      such, impugned order needs correction.

                                   4. However, learned A.P.P. for the State opposed the

                      prayer and submitted that the impugned order dated 18.07.2024

                      has been passed after hearing the parties and after taking

                      undertaking of the petitioner and as such, no interference is

                      required at this stage. From perusal of the impugned order dated

                      18.07.2024 passed in Cr. Misc. No. 15972 of 2024 it is apparent

                      that the same order is subject to any order passed in

                      Matrimonial Case No. 311 of 2023 (Divorce) or connected

                      proceeding as mentioned in condition (4) of paragraph no. 6 :

                                       ‘(4) The aforementioned payment will be subject to
                                       any order passed in matrimonial, maintenance or
                                       connected proceedings. The present order, in no
                                       way, will preclude the parties to resolve the issue
                                       otherwise.’
                                   5. No further clarification is required and order dated

                      18.07.2024 passed in Cr. Misc. No. 15972 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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