Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5721 of 2020 Arising Out of PS. Case No.-935 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Nirmala Devi Wife Of Pradeep Paswan, Daughter Of Anandi Paswan Resident Of Village-Panchu Bigha, P.S-Hisua, District-Nawada, At Present Resident Of Village-Gambhirpur, P.S.-Warisaliganj, District-Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pradeep Paswan Son of Late Mahendra Paswan Resident of Village-Panchu Bigha, P.S-Hisua, District-Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-07-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present application has been filed for setting aside/cancellation of the bail granted to the O.P. No. 2 vide order dated 11.04.2019 passed by a Co-ordinate Bench of this Court in Cr. Misc. No. 75207 of 2018, arising out of Complaint Case No. 935 of 2017, registered under Sections 498(A), 406 and 307 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, whereby and whereunder anticipatory bail has been granted to Opposite Party No. 2.

3. Having considered the facts and circumstances of the case and the materials available on record, this application is disposed of with liberty to the petitioner to file an appropriate

Patna High Court CR. MISC. No.5721 of 2020(3) dt.22-07-2026 2/2 application in the concerned Court below with regard to the non-payment of maintenance and if such an application is filed, the concerned Court shall consider and dispose of the same on its own merits, in accordance with law, preferably within a period of fifteen (15) days from the date of filing of such application.

4. It is further directed that if, upon consideration, the learned Court below finds that Opposite Party No. 2 is not regularly paying the maintenance amount as directed, the learned Court below shall take appropriate steps in accordance with law, including cancellation of the bail bonds of Opposite Party No. 2.

5. It is made clear that this Court has not expressed any opinion on the merits of the rival claims of the parties, and all issues are left open for consideration by the learned Court below in accordance with law.

6. Let a copy of this order be communicated to the learned Principal District & Sessions Judge, Nawada through FAX/e-mail for information and necessary compliance. (Sandeep Kumar, J) Shishir/- U