Smt. Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57305 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Smt. Munni Devi W/o Sunil Singh @ Sunil Kumar Resident of Village Khilwat Police Station Bidupur District Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunil Singh @ Sunil Kumar S/o Chandeshwar Singh R/o vill - Khilwat, P.S. - Bidupur, Distt. - Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahesh Prasad For the Opposite Party/s :
Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-04-2026
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the O.P. No.2.
2. Learned counsel for the petitioner submits that O.P. No.2 was petitioner in Cr. Misc. No.61849 of 2023. It is submitted that O.P. No.2 was granted the privilege of anticipatory bail since O.P. No.2 had agreed to pay a monthly maintenance of Rs.4000/- to the petitioner herein, who was O.P. No.2 in Cr. Misc. No. Cr. Misc. No.61849 of 2023. It is next submitted that O.P. No.2 being wife of the petitioner is facing financial hardship. It is further submitted that Cr. Misc. No.61849 of 2023 was allowed by an order dated 11.03.2024. It
Patna High Court CR. MISC. No.57305 of 2024(9) dt.17-04-2026 2/3 is next submitted that anticipatory bail was granted to the O.P. No.2 herein with a liberty to the petitioner herein to file an application seeking cancellation of anticipatory bail granted to the petitioner in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months. Learned counsel next submits that the undertaking given by the O.P. No.2 herein that he will pay a monthly maintenance of Rs.4000/- to the petitioner herein stands breached. It is next submitted that in terms of the liberty granted, the instant cancellation application has been filed by the petitioner for cancelling the anticipatory bail granted to the O.P. No.2.
It is further submitted that the instant cancellation application was filed in August, 2024 and since then an amount of Rs.26,000/- has been paid to the O.P. No.2. It is submitted that O.P. No.2 has been seeking time for paying the arrears and to start the monthly maintenance but then despite granting time to O.P. No.2, the O.P. No.2 for reasons best known, is not paying the arrears maintenance nor the current maintenance.
3. Learned counsel appearing on behalf of the O.P. No.2 is not in a position to rebut the submission made by the learned counsel appearing on behalf of the petitioner.
4. After hearing the learned counsel for the parties, the
Patna High Court CR. MISC. No.57305 of 2024(9) dt.17-04-2026 3/3 anticipatory bail granted to the petitioner by order dated 11.03.2024 in Cr. Misc. No.61849 of 2023 is hereby cancelled. (Satyavrat Verma, J) amit/- U T