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Patna High Court

Parimal PulakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to payment of bail bonds and a maintenance undertaking, with the power to cancel bail on breach of the maintenance condition.

Summary

Petitioner Parimal Pulak, the husband in a matrimonial dispute, was charged under IPC sections 498A, 341, 323, 504, 34 and D.P. Act sections 3 and 4. He applied for anticipatory bail, offering to pay a monthly maintenance of Rs.10,000 to the wife (opposite party no.2) from 25‑05‑2026. The court examined whether the maintenance undertaking could justify granting bail and whether bail could be cancelled if the maintenance is not paid. The High Court granted anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.10,000 with two sureties and comply with the maintenance promise, invoking its inherent powers under Section 482 of the CrPC. The order also allowed the wife to seek cancellation of bail if the petitioner defaults on maintenance for two consecutive months, and clarified that the maintenance would cease if a competent court fixes a different amount or the informant becomes employed.

Issues considered

  • Whether anticipatory bail should be granted to a petitioner charged with offences arising out of a matrimonial dispute.
  • Whether a promise to pay maintenance can be imposed as a condition for granting anticipatory bail.
  • Whether the anticipatory bail can be cancelled on failure to comply with the maintenance undertaking.

Legislation cited

Subjects

  • anticipatory bail
  • maintenance
  • matrimonial dispute
  • IPC 498A
  • domestic violence
  • high court inherent powers
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65794 of 2025
                    Arising Out of PS. Case No.-72 Year-2024 Thana- MAHILA P.S. District- Lakhisarai
                 ======================================================
                 Parimal Pulak S/o Late Umesh Prasad Yadav R/o vill- Sandalpur,, PS- Kasim
                 Bazar, Distt.- Munger,

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Doli Kumari D/o Sanjay Yadav R/o vill - Nista, P.s.- Surajgarh, Distt. -
                 Lakhisarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amresh Kumar Sinha
                                                   Mr.Saroj Kumar Choudhary
                 For the Opposite Party/s :        Ms.Shaheen Begum
                                                   Mr.Viveka Nand Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

8   11-05-2026                   1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                 2. The petitioner and the opposite party no.2 in

                   compliance of the order dated 04.05.2026 are present in the

                   Court.

                                 3. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 498(A), 341, 323, 504 and 34 of the Indian Penal Code

                   and Sections 3 and 4 of the D.P. Act.

                                 4. The learned counsel for the petitioner submits that

                   the dispute is matrimonial and petitioner is the husband. It is
Patna High Court CR. MISC. No.65794 of 2025(8) dt.11-05-2026
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          further submitted that relationship in between the petitioner and

          the opposite party no.2 has deteriorated to an extent where it is

          not possible to revive the conjugal relationship but then with

          passage of time and on intervention of well-wishers, the parties

          may resolve their dispute amicably. It is next submitted that

          petitioner being aware of his responsibility and is willing to pay

          a monthly maintenance of Rs.10,000/- (Rs.Ten Thousand) to the

          opposite party no.2 which shall commence from 25.05.2026.

                       5. The learned counsel for the petitioner submits that

          though a submission has been made that petitioner is willing to

          pay a monthly maintenance of Rs.10,000/- to the opposite party

          no.2, but then it might by a ploy of the petitioner to seek

          anticipatory bail, on which the learned counsel appearing on

          behalf of the petitioner submits that the said submission has

          been made based on instruction of the petitioner and petitioner

          is aware of the consequences which would entail in the event, if

          the undertaking given before this Court if breached. It is

          submitted that if privilege of anticipatory bail is granted and

          thereafter the petitioner breaches the undertaking given to this

          Court, in that event, the anticipatory bail of the petitioner be

          cancelled, on which the learned counsel appearing on behalf of

          the opposite party no.2 submits that since petitioner is willing to
Patna High Court CR. MISC. No.65794 of 2025(8) dt.11-05-2026
                                            3/4




          pay a monthly maintenance of Rs.10,000/- as such no useful

          purpose would be served by sending the petitioner to jail and

          chances of future reconciliation will also get marred. It is next

          submitted that he will whatsapp the bank account number of the

          opposite party no.2 on the whatsapp number of the learned

          counsel appearing on behalf of the petitioner and the learned

          counsel appearing on behalf of the petitioner undertakes to

          communicate the same to the petitioner so that the monthly

          maintenance as agreed commences from 25.05.2026.

                       6. After hearing the learned counsel for the parties,

          the petitioner, above-named, in the event of his arrest or

          surrender before the learned Court below within a period of six

          weeks, is directed to be released on bail on his furnishing bail-

          bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Trial Court where the case is pending/successor Court in

          connection with Lakhisarai Mahila P. S. Case No.72 of 2024,

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S.

                       7. The application stands allowed.

                       8. However, it is made clear that the opposite party

          no.2 shall be at liberty to file an application seeking cancellation
               Patna High Court CR. MISC. No.65794 of 2025(8) dt.11-05-2026
                                                           4/4




                         of anticipatory bail granted to the petitioner, in the event, if the

                         petitioner does not pay the monthly maintenance as agreed for

                         two consecutive months.

                                      9. It   is    further      made    clear   that   the   present

                         maintenance shall stop if a Court of competent jurisdiction fixes

                         maintenance or the informant gets employed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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