Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
Checking your session…