Created by Fuzzy Cloud

Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The modification petition is dismissed as the court lacks jurisdiction to alter the maintenance condition, which must be decided by the appropriate court.

Summary

Santosh Kumar filed a petition seeking modification of an anticipatory bail order dated 06-02-2024, which required him to pay Rs.5,000 per month as interim maintenance to the complainant (Opposite Party No.2). The petitioner complied with the payment, but the complainant, having remarried, objected to receiving the amount and requested a modification. The petitioner argued that the maintenance condition should be altered in view of the complainant's second marriage. The Court held that the issue of maintenance and the complainant's remarriage falls outside the jurisdiction of this criminal miscellaneous proceeding and must be decided by the appropriate civil court after a full trial. Consequently, the Court declined to modify the bail condition. The modification petition was therefore dismissed.

Issues considered

  • Whether the anticipatory bail order directing payment of interim maintenance can be modified on the ground that the complainant has remarried.
  • Whether the criminal court has jurisdiction to adjudicate maintenance matters in the context of an anticipatory bail order.

Subjects

  • anticipatory bail
  • modification
  • maintenance
  • remarriage
  • jurisdiction
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85800 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.5388 of 2023
                    Arising Out of PS. Case No.-942 Year-2019 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
                 Santosh Kumar son of Kuldeep Mahto @ Kuldip Mahto Village- Jagdishpur
                 PS -Sikandra District -Jamui

                                                                            ... ... Petitioner/s
                                                    Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Rishav Dev, Advocate
                 For the State         :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for modification of

                   order dated 06.02.2024 passed in Cr. Misc. No. 5388 of 2023

                   whereby the petitioner was granted anticipatory bail with a

                   condition to pay Rs. 5,000/- (Five thousand rupees) per month,

                   as interim solace/maintenance, in the bank account of the

                   complainant/Opposite Party No. 2.

                                3. Learned counsel for the petitioner submits that in

                   compliance of aforesaid order, petitioner is regularly paying

                   aforesaid amount in the bank account of Opposite Party No. 2

                   but the complainant/Opposite Party No. 2 does not wants to live
             Patna High Court CR. MISC. No.85800 of 2025(2) dt.27-02-2026
                                                         2/2




                       with this petitioner and has already solemnized second marriage

                       and, therefore, the order dated 06.02.2024 passed in Cr. Misc.

                       No. 5388 of 2023 requires modification, so far as payment of

                       Rs. 5,000/-, as maintenance, is concerned.

                                    4. This Court, while allowing pre-arrest bail to the

                       petitioner vide order dated 06.02.2024 passed in Cr. Misc. No.

                       5388 of 2023, on the submission of petitioner himself, had

                       directed him to pay Rs. 5,000/- per month as interim

                       relief/solace to Opposite Party No.2 with observation that the

                       aforesaid payment will be subject to any order passed in the

                       maintenance case for final settlement. The issue of maintenance

                       or the fact that the complainant/Opposite Party No. 2 has

                       already solemnized second marriage cannot be decided by this

                       Court. It can only be decided by the concerned Court at the

                       stage of trial after giving full opportunity to both the parties and

                       as such, the modification petition cannot be allowed on this

                       ground alone.

                                    5.   Accordingly,          this   modification   petition   is

                       dismissed.



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.