Patna High Court
Parimal PulakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 482
- Domestic Violence (Prevention and Protection) Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A, 504
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
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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
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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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