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Patna High Court

Md. Sharif AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The modification application is disposed of, with bail to be considered by the appellate court.

Summary

Petitioner Md. Sharif Ansari applied to modify a maintenance order dated 07.05.2015, arguing his wife was residing with him and he was not liable to pay Rs. 2,000 per month. The wife contested, stating she was not residing with him and demanded maintenance, leading to the cancellation of the petitioner's bail bond and his custody. While in custody, the petitioner was convicted in a separate complaint case, and an appeal against that conviction is pending before the appellate court. The court observed that any bail application should be decided by the appellate court, not by this court, and that the pending conviction precludes modification of the maintenance order. Consequently, the modification application was disposed of.

Issues considered

  • Whether the maintenance order can be modified when the petitioner is convicted and an appeal is pending
  • Whether the trial court can grant bail in light of the earlier maintenance order

Subjects

  • maintenance
  • modification of order
  • bail
  • conviction
  • appeal pending
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62485 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.49685 of 2014
                  Arising Out of PS. Case No.-226 Year-2013 Thana- COMPLAINT CASE District- Jamui
                 ======================================================
                 Md. Sharif Ansari S/o Md. Sarifqu Ansari @ Md. Shafid Resident of Village-
                 Tabaghat, PS- Jasidih, District- Deoghar, Jharkhand

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sabijan Khatoon W/o Md. Sharif Ansari, D/o Hakim Miyan R/o vill -
                 Fathpur, P.s.- Chakai, Distt.- Jamui

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subodh Kumar Jha, Advocate
                                                 Mr. Pranav Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   25-02-2026                   The present modification application has been

                   preferred by the petitioner for modification of the order dated

                   07.05.2015 passed in Cr. Misc. No. 49685 of 2014.

                                 2. Learned counsel for the petitioner submits that

                   since the wife of the petitioner was residing with him, he was

                   not paying Rs. 2,000/- per month towards maintenance in terms

                   of the order dated 07.05.2015. Subsequently, the wife

                   approached the court contending that she was not residing with

                   the petitioner and, in the light of the said order dated

                   07.05.2015, sought payment of maintenance. In pursuance

                   thereof, the bail bond of the petitioner was cancelled on
           Patna High Court CR. MISC. No.62485 of 2025(2) dt.25-02-2026
                                                       2/2




                     29.05.2025 and he has been taken into custody. It is further

                     submitted that during the period of custody, the trial in

                     connection with Complaint Case No. 226C of 2013 has been

                     concluded and the petitioner has been convicted. Against the

                     said order of conviction, an appeal has been preferred by the

                     petitioner, which is presently pending consideration before the

                     learned Principal District & Sessions Judge, Jamui.

                                  3. Considering the fact that the petitioner has already

                     been convicted and his appeal is pending consideration before

                     the Appellate Court, it is observed that any prayer for grant of

                     bail shall now be considered by the Appellate Court on its own

                     merit, without being prejudiced by the order dated 07.05.2015

                     passed in Cr. Misc. No. 49685 of 2014.

                                  4. With the aforesaid observation, the present

                     modification application stands disposed of.



                                                  (Sudhir Singh, J)
Rajesh/-

U      T


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