Patna High Court

Celine Michael @ Selin Shane StarkversusThe State of Bihar

Decided: 30 January 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The anticipatory bail was not cancelled; the court directed the respondent to resume monthly payments of Rs.5,000 and clear the arrears within nine months.

Summary

The petitioner, who was the opposite party in a prior criminal miscellaneous case, sought cancellation of the anticipatory bail granted to her husband (opposite party no. 2) on the ground that he failed to comply with the bail condition of paying Rs.5,000 per month as living cost. The bail condition required monthly payments into the petitioner's bank account, which the husband had not made since August 2023. He explained that loss of employment during the COVID‑19 period caused the default, but he offered to resume the payments and clear the arrears within nine months, and produced a recent online payment of Rs.25,000 as evidence of his willingness. The court considered the parties' submissions and the husband's undertaking. It declined to cancel the anticipatory bail, directing him to pay Rs.5,000 each month and to settle the outstanding amount within nine months.

Issues considered

Can anticipatory bail be cancelled for non‑payment of a monetary condition imposed by the court?
Does a partial payment and a promise to clear arrears satisfy the bail condition and preclude cancellation?

Subjects

anticipatory bail
bail conditions
cancellation of bail
non‑compliance
criminal procedure
payment obligation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65562 of 2025
                   Arising Out of PS. Case No.-307 Year-2018 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Celine Michael @ Selin Shane Stark W/O Shane Stary, D/O Michael George
                 Resident of Village- Kamal Nath Nagar, Bettiah, West Champaran, Bihar,
                 845438.
                                                                        ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar Bihar
           2.     Shane Stark S/O Ernest Stark R/O North Mandiri, P.S.- Buddha Colony,
                  Dist.- Patna. Currently Works at Bill and Melindra Gates Foundation, Sai
                  Corporate Park, Rukanpur, Bailey Road, Patna- 800014
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vishesh Kumar Singh
                 For the Opposite Party 2 :      Mr. Anjani Parshar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
5   30-01-2026           1. The petitioner, who was opposite party no. 2 in Cr. Misc.

                   No. 13586 of 2019 has filed the present application for

                   cancellation of anticipatory bail of the opposite party no. 2

                   herein on the ground that opposite party no. 2 has failed to

                   fulfill the conditions for bail imposed by this Court in its order

                   dated 07.11.2019.

                        2. Learned counsel for the petitioner submits that with the

                   consent of both the parties anticipatory bail was granted to

                   opposite party no. 2 herein with a specific condition that he shall

                   pay a sum of Rs. 5,000/- as ‘living cost’ to the petitioner every

                   month in her bank account but the opposite party no. 2 has

                   failed to abide by the terms and conditions of bail and has not

                   paid any amount to the petitioner since August, 2023.
             Patna High Court CR. MISC. No.65562 of 2025(5) dt.30-01-2026
                                                         2/2




                       Accordingly, his submission is that bail granted to opposite

                       party no. 2 (husband) may be cancelled.

                            3. On the other hand, learned counsel for opposite party no.

                       2 argued that during Corona period opposite party no. 2 lost his

                       job and due to financial difficulty he could not pay the sum of

                       Rs. 5,000/- every month, however, he is ready and willing to

                       pay the current amount @ Rs. 5,000/- per month along with

                       some extra amount in order to clear the arrears of amount within

                       9 months which has accrued since August, 2023. In order to

                       show his bona fide, the opposite party no. 2 has paid a sum of

                       Rs. 25,000/- to the petitioner yesterday (29.01.2026) through

                       on-line mode, a copy of which has been produced by the

                       opposite party no. 2 during the course of argument, which is

                       kept on record.

                            4. Considering the submission made by the parties and the

                       undertaking given by opposite party no. 2, this application is

                       disposed with a direction to the opposite party no. 2 to pay the

                       current amount @ Rs. 5,000/- regularly every month and shall

                       also clear the arrears of due amount within nine months.



                                                (Anil Kumar Sinha, J)
praful/-
U        T

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