Patna High Court
Awlesh Kumar Parmar @ Awalesh Kumar Parmar @ Avlesh Kumar ParmarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner under Section 438(2) of the CrPC, subject to bail bonds, sureties, and the condition that failure to pay the stipulated maintenance for two consecutive months will lead to cancellation of the bail.
Summary
Awlesh Kumar Parmar petitioned the Patna High Court for anticipatory bail in a criminal case registered under Section 498A of the IPC, alleging false implication by his wife, Priyanka Singh. The parties had earlier attempted mediation, which failed, and a divorce proceeding is pending in the Family Court. The petitioner offered to pay a monthly maintenance of Rs. 12,000 to the wife, seeking the Court’s assurance that non‑payment would lead to cancellation of bail. The Court considered the applicability of Section 438(2) of the CrPC and the need to balance the petitioner’s right to liberty with the wife’s right to maintenance. It granted anticipatory bail on the condition of furnishing bail bonds and two sureties, and allowed the wife to move the Court for cancellation of bail if maintenance is not paid for two consecutive months. The order also clarified that any maintenance determined by a competent court would supersede the interim arrangement.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the CrPC in a 498A case.
- Whether the petitioner’s undertaking to pay maintenance can be conditioned as a ground for cancellation of anticipatory bail.
- Whether the pending divorce and maintenance proceedings affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A IPC
- maintenance
- divorce proceedings
- CrPC Section 438
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71196 of 2025
Arising Out of PS. Case No.-7003 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Awlesh Kumar Parmar @ Awalesh Kumar Parmar @ Avlesh Kumar Parmar
S/o Ram Lakhan Singh @ Ramlakhan Singh Resident of Garahni, P.S.-
Charpokhari, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Singh W/o Awlesh Kumar Parmar, D/o Late Satyendra Narayan
Singh R/o Village- Santhua, Post- Jogiya, P.S.- Risiyap, District- Hanuman
Nagar, P.S.- Patrakar Nagar, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Fazle Karim, Adv
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
Mr. Nawal Kishor Singh, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State along with learned counsel for OP
No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 498A of the
Indian Penal Code.
3. Learned counsel for the parties jointly submitted
that the case was referred for mediation vide order dated 15-10-
2025, but then the mediation failed.
4. The learned counsel for the petitioner submits that
petitioner being husband has been falsely implicated in the
Patna High Court CR. MISC. No.71196 of 2025(3) dt.15-04-2026
2/4
instant case by the OP No. 2. It is also submitted that the
relationship in between the petitioner and the OP No. 2 has
deteriorated to an extent where it is not possible to revive the
conjugal relationship. It is next submitted that petitioner has
filed divorce case, which is pending adjudication in the court of
learned Principal Judge, Family Court, Bhojpur.
5. Learned counsel for the petitioner based on
instruction submits that since the divorce case is pending
adjudication, as such petitioner being husband is aware of his
responsibility towards the OP No. 2 and as such he is willing to
pay a monthly maintenance of Rs. 12,000/- to the OP No. 2,
which shall commence from 27-4-2026.
6. Learned counsel appearing on behalf of the OP No.
2 submits that though petitioner is giving an undertaking that he
will pay a monthly maintenance of Rs. 12,000/- to the OP No. 2,
but it might be a ploy of the petitioner to seek anticipatory bail
and after obtaining anticipatory bail, the petitioner may not pay
the amount of maintenance, on which the learned counsel
appearing on behalf of the petitioner submits that petitioner is
aware of the consequences which would entail in the event if the
undertaking given before this Court is breached, it is also
submitted that if privilege of anticipatory bail is granted to the
Patna High Court CR. MISC. No.71196 of 2025(3) dt.15-04-2026
3/4
petitioner and subsequently if the petitioner breaches the
undertaking given before this Court, in that event, his
anticipatory bail shall be liable to be cancelled, on which the
learned counsel appearing on behalf of the OP No. 2 submits
that he will WhatsApp the bank account number of the OP No. 2
on the WhatsApp number of the learned counsel for the
petitioner and the learned counsel for the petitioner undertakes
to communicate the same to the petitioner so that the monthly
maintenance as agreed commences from 27-4-2026.
7. At this stage, learned counsel appearing on behalf
of the OP No. 2 submit that petitioner presently is working as a
Deputy Manger with a reputed company, namely, SP Singla
Company, on which the learned counsel appearing on behalf of
the petitioner submits that since a maintenance case has been
filed by the OP No. 2, which is pending adjudication in the court
of learned Principal Judge, Family Court, Patna, in the said case
amount of maintenance shall be decided finally.
8. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 5,000/-
(Rupees Five Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.71196 of 2025(3) dt.15-04-2026
4/4
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Complaint Case
7003(C) of 2024, subject to the conditions as laid down under
Section 438 (2) of the Cr.P.C.
9. However, it is made clear that OP No. 2 shall be at
liberty to file an application before this court seeking
cancellation of the anticipatory bail granted to the petitioner, in
the event if the petitioner does not deposit the monthly
maintenance as agreed for two consecutive months.
10. It is further made clear that the present
maintenance shall stop, if a court of competent jurisdiction fixes
the maintenance.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…