Poonam Kumari @ Punam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2430 of 2026 Arising Out of PS. Case No.-198 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Poonam Kumari @ Punam Kumari D/o Bineeshwari Yadav R/o Vill. - Koilawan, P.S. - Haspura, Dist. - Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Brajesh Kumar Son of Ramchandra Prasad R/o Village - Bambai, P.S. - Mehandia, Dist. - Arwal. Presently residing at Rameshwar Nagar, Manpuri, Raipur(Chhatishgarh).

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

For the Petitioner/s :

Mr. Priya Ranjan For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present application has been filed seeking cancellation of the anticipatory bail granted to Opposite Party No. 2 vide order dated 16.11.2022 passed in Cr. Misc. No. 69862 of 2021 arising out of Daudnagar P.S. Case No. 198 of 2021, registered under Sections 341, 343, 506, 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that Opposite Party No. 2 was granted anticipatory bail subject to the condition that he would regularly pay maintenance of Rs.

Patna High Court CR. MISC. No.2430 of 2026(2) dt.09-07-2026 2/3 3,000/- per month to the petitioner. It is further submitted that O.P. No. 2 deposited a sum of Rs. 3,000/- in the bank account of the petitioner towards maintenance for the month of November, 2022, solely for the purpose of securing acceptance of his bail bond before the learned court below and after the acceptance of the bail bond by the learned court below, the O.P. No. 2 has not deposited a single rupee towards maintenance in the petitioner's bank account, despite the specific direction of this Court requiring him to deposit Rs. 3,000/- per month regularly. It is also submitted that despite such non-compliance, the application filed by the petitioner before the learned Trial Court seeking cancellation of the bail bonds of Opposite Party No. 2 is not being disposed by the Trial Court.

4. If the submission made on behalf of the petitioner is found to be correct, the bail bonds of Opposite Party No. 2 ought to have been cancelled by the Magistrate concerned long ago. The Magistrate concerned cannot indefinitely keep the petition pending awaiting a reply or for any other reason when there is an apparent breach of the condition imposed by this Court while granting anticipatory bail.

5. Accordingly, the present application stands disposed of with a direction to the learned Magistrate concerned

Patna High Court CR. MISC. No.2430 of 2026(2) dt.09-07-2026 3/3 to verify whether Opposite Party No. 2 has complied with the conditions imposed by this Court in its order dated 16.11.2022. In the event it is found that the said order has not been complied with, the learned Magistrate shall cancel the bail bonds of Opposite Party No. 2 forthwith, in accordance with law.

6. The learned Magistrate concerned shall submit a compliance report to this Court within a period of two weeks from today.

7. List this case after two weeks for perusal of the compliance report.

8. Let a copy of this order be communicated to the Principal District & Sessions Judge, Aurangabad through FAX or e-mail for immediate compliance.

(Sandeep Kumar, J) Shishir/- U T