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Patna High Court

Smt. Munni DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The anticipatory bail granted to Sunil Singh is cancelled due to his failure to comply with the maintenance payment condition.

Summary

Smt. Munni Devi filed a petition seeking cancellation of the anticipatory bail that had been granted to Sunil Singh in Cr. Misc. No.61849 of 2023. The bail was conditioned on Sunil Singh paying a monthly maintenance of Rs.4,000 to the petitioner, with a provision that the bail could be cancelled if he failed to make two consecutive payments. The petitioner alleged that Sunil Singh breached this undertaking, having paid only Rs.26,000 and failing to pay arrears or current maintenance despite being granted time. The respondent could not rebut these allegations. After hearing both sides, the court held that the condition was violated and consequently cancelled the anticipatory bail. The order reflects the court's view that bail conditions must be strictly complied with and may be revoked upon breach.

Issues considered

  • Whether anticipatory bail can be cancelled on account of the bail condition – payment of maintenance – being breached

Subjects

  • anticipatory bail
  • cancellation
  • maintenance
  • breach of condition
  • criminal miscellaneous
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57305 of 2024
                       Arising Out of PS. Case No.-235 Year-2023 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Smt. Munni Devi W/o Sunil Singh @ Sunil Kumar Resident of Village
                 Khilwat Police Station Bidupur District Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Sunil Singh @ Sunil Kumar S/o Chandeshwar Singh R/o vill - Khilwat, P.S.
                 - Bidupur, Distt. - Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mahesh Prasad
                 For the Opposite Party/s :        Mr. Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

9   17-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the O.P. No.2.

                                2. Learned counsel for the petitioner submits that O.P.

                   No.2 was petitioner in Cr. Misc. No.61849 of 2023. It is

                   submitted that O.P. No.2 was granted the privilege of

                   anticipatory bail since O.P. No.2 had agreed to pay a monthly

                   maintenance of Rs.4000/- to the petitioner herein, who was O.P.

                   No.2 in Cr. Misc. No. Cr. Misc. No.61849 of 2023. It is next

                   submitted that O.P. No.2 being wife of the petitioner is facing

                   financial hardship. It is further submitted that Cr. Misc.

                   No.61849 of 2023 was allowed by an order dated 11.03.2024. It
Patna High Court CR. MISC. No.57305 of 2024(9) dt.17-04-2026
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          is next submitted that anticipatory bail was granted to the O.P.

          No.2 herein with a liberty to the petitioner herein to file an

          application seeking cancellation of anticipatory bail granted to

          the petitioner in the event if the petitioner does not deposit the

          monthly maintenance as agreed for two consecutive months.

          Learned counsel next submits that the undertaking given by the

          O.P. No.2 herein that he will pay a monthly maintenance of

          Rs.4000/- to the petitioner herein stands breached. It is next

          submitted that in terms of the liberty granted, the instant

          cancellation application has been filed by the petitioner for

          cancelling the anticipatory bail granted to the O.P. No.2. It is

          further submitted that the instant cancellation application was

          filed in August, 2024 and since then an amount of Rs.26,000/-

          has been paid to the O.P. No.2. It is submitted that O.P. No.2 has

          been seeking time for paying the arrears and to start the monthly

          maintenance but then despite granting time to O.P. No.2, the

          O.P. No.2 for reasons best known, is not paying the arrears

          maintenance nor the current maintenance.

                       3. Learned counsel appearing on behalf of the O.P.

          No.2 is not in a position to rebut the submission made by the

          learned counsel appearing on behalf of the petitioner.

                       4. After hearing the learned counsel for the parties, the
             Patna High Court CR. MISC. No.57305 of 2024(9) dt.17-04-2026
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                       anticipatory bail granted to the petitioner by order dated

                       11.03.2024 in Cr. Misc. No.61849 of 2023 is hereby cancelled.



                                                            (Satyavrat Verma, J)
amit/-

U        T


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