Patna High Court

Sandeep KumarversusThe State Of Bihar

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court confirmed the provisional bail and ordered interim maintenance pending the family court’s determination.

Summary

The petitioner, Sandeep Kumar, sought confirmation of the provisional bail that had been granted to him on 8 October 2025. The Court, after hearing counsel for the petitioner, the State and the informant (who is the petitioner's wife), confirmed the provisional bail and ordered that the petitioner remain on the same bail bonds. The informant’s pending maintenance case (No.190 of 2024) before the Family Court was highlighted, and the Court directed the Family Court judge to conclude that case within three months and to proceed ex‑parte against any non‑cooperating party. Until the maintenance case is disposed, the petitioner was ordered to pay Rs.5,000 per month as maintenance to the informant, with the first payment due within ten days and subsequent payments before the 10th of each month. The maintenance order is expressly subject to the final outcome of the pending family court proceedings.

Issues considered

Whether the provisional bail granted to the petitioner should be confirmed.
Whether the petitioner should be directed to pay interim maintenance pending the family court’s decision.

Subjects

provisional bail
bail confirmation
maintenance
family law
ex‑parte proceedings
non‑cooperating party
criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69928 of 2025
                      Arising Out of PS. Case No.-34 Year-2024 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 Sandeep Kumar S/O Shyam Kishore @ Shyam Kishore Prasad R/o Mohalla
                 Gaushganj, P.S.- Ara Town, District- Bhojpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhaskar Shankar
                 For the Opposite Party/s :        Ms. Indu Kumari Srivastava
                 For the Informant        :        Md. Ataul Haque, Advocate
                                                   Mr. Madhav Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                2. The petitioner is the husband of the informant and

                   has already been granted provisional bail by a co-ordinate

                   Bench of this Court vide order dated 08.10.2025.

                                3. Considering the period of custody and the facts and

                   circumstances of the case, the provisional bail granted to the

                   petitioner by order dated 08.10.2025 is hereby confirmed. The

                   petitioner shall remain on the same bail bonds as furnished

                   earlier. Accordingly, the application stands allowed.

                                4. It has been submitted by the learned counsel for the

                   informant that Maintenance Case No. 190 of 2024 is pending

                   before the Principal Judge, Family Court, Bhojpur at Ara.
            Patna High Court CR. MISC. No.69928 of 2025(4) dt.27-04-2026
                                                        2/2




                                   5. The Principal Judge, Family Court, Bhojpur at Ara

                      is directed to conclude the proceedings of the maintenance case

                      as early as possible preferably within a period of three months

                      from the date of receipt/communication of a copy of this order.

                      He will proceed ex-parte against the non-cooperating party.

                                   6. Till the disposal of the maintenance case, the

                      petitioner is directed to pay maintenance amount of Rs. 5,000/-

                      from the month of April 2026 to the complainant/informant. The

                      maintenance for the month of April 2026 shall be paid to the

                      complainant/informant within ten days from today, and

                      thereafter, the maintenance amount shall be paid to the

                      complainant/informant every month before the 10th day of each

                      month.

                                   7. It is made clear that the order of maintenance

                      passed by this Court shall be subject to the outcome of the

                      maintenance case pending in the Court of the Principal Judge,

                      Family Court concerned.

                                   8. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Bhojpur at Ara through

                      FAX for its compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-
U       T

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