Patna High Court
Md. Sharif AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUDHIR SINGH
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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