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Patna High Court

Awlesh Kumar Parmar @ Awalesh Kumar Parmar @ Avlesh Kumar ParmarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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