Patna High Court

YASHWANT SINGH @ SANTOSH SINGHversusThe State of Bihar

Decided: 9 January 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

The modification petition is dismissed as the maintenance issue falls outside the jurisdiction of the criminal court.

Summary

The petitioner, Yashwant Singh, was granted anticipatory bail on 13-11-2024 with a condition to pay Rs.5,000 per month as interim maintenance to the opposite party, Ruchi Devi. The petitioner complied with the payment but contended that the opposite party, a divorced woman, does not wish to cohabit and had concealed her marital status, seeking a modification of the maintenance condition. The court examined whether the maintenance issue could be altered within the anticipatory bail order. It held that the question of maintenance and the divorced status of the opposite party are matters for a family or civil court, not for the criminal court handling bail. Consequently, the petition for modification was dismissed, leaving the original bail order unchanged. The decision underscores the jurisdictional limits of criminal courts in adjudicating maintenance disputes.

Issues considered

Can the condition of interim maintenance imposed in an anticipatory bail order be modified on the ground that the opposite party is a divorced woman and does not accept the payment?

Subjects

anticipatory bail
maintenance
modification of order
divorce
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88810 of 2024
                                              In
                              CRIMINAL MISCELLANEOUS No.42716 of 2024

                 Arising Out of PS. Case No.-208 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 YASHWANT SINGH @ SANTOSH SINGH S/O KRISHNA SINGH R/O
                 SANT NAGAR, BHABUA, WARD NO.- 3, P.O AND PS - BHABUA, Dist-
                 BHABUA AT KAIMUR

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    THE STATE OF BIHAR
           2.    RUCHI DEVI @ LAKSHMI DEVI W/O YASHWANT SIGH @ SANTOSH
                 SINGH, D/O SACHIDANAND R/O VILLAGE- MOKRI, P.S- BHABHUA,
                 DISTRICT- KAIMUR AT BHABHUA AT PRESENT R/O WARD NO.6,
                 BHABHUA INFRONT OF PATEL COLLEGE,P.S- BHABHUA,
                 DISTRICT- KAIMUR AT BHABHUA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Vinod Kumar Seth, Advocate
                 For the State          :        Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-01-2026                   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 13.11.2024 passed in Cr. Misc. No. 42716 of 2024

                   by a Co-ordinate Bench of this Hon’ble Court whereby the

                   petitioner was granted anticipatory bail with a condition to pay

                   Rs.     5,000/-    (Five     thousand)       per     month,      as    interim

                   solace/maintenance,          in     the     bank       account        of     the
Patna High Court CR. MISC. No.88810 of 2024(3) dt.09-01-2026
                                            2/3




          informant/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 informant/Opposite Party No. 2 does not wants to live

          with this petitioner and has also suppressed the fact that she is a

          divorced lady and, therefore, the order dated 13.11.2024 passed

          in Cr. Misc. No. 42716 of 2024 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 13.11.2024 passed in Cr. Misc. No.

          42716 of 2024, 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 informant/Opposite Party No. 2 is a divorced

          lady and has suppressed this information 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.
             Patna High Court CR. MISC. No.88810 of 2024(3) dt.09-01-2026
                                                         3/3




                                    5.   Accordingly,          this   modification   petition   is

                       dismissed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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