Parag Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Parag Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No modification of the bail order dated 30.08.2024 (Cr. Misc. No. 75988 of 2023) including its Rs. 10,000/- per month payment condition; opposite party no.2 directed to file a proper maintenance application before an appropriate Court within two months, the Court concerned to conclude it expeditiously, the existing payment order to merge with the maintenance outcome; petitioner entitled to renew the modification request through an Interlocutory Application if no maintenance application is filed within sixty days.

Issue for consideration

Whether the order dated 30.08.2024 passed by this Court in Cr. Misc. No. 75988 of 2023 (granting bail to the petitioner subject to conditions including payment of Rs. 10,000/- per month to opposite party no.2) should be modified, given the petitioner's plea concerning his financial condition and the pending divorce proceedings.

Court's answer

The Court refrains from modifying the order dated 30.08.2024: with a divorce case (Matrimonial Case No. 1501 of 2024) already filed and the petitioner having failed to convince the Court regarding his financial condition, the existing bail condition stands unmodified.

Ratio / Principle

Opposite party no.2 (the wife) is directed to submit a proper application for maintenance before an appropriate Court within a period of two months from the date of this order.

Key takeaways

Once the maintenance application is filed, the Court concerned, after hearing the petition, shall take it to its logical conclusion at the earliest.ratio¶21
The present order of payment imposed by this Court shall merge with the order passed by the Court concerned in the maintenance case to be filed by the lady.ratio¶22
If the lady fails to file the maintenance petition within the next sixty days, the petitioner shall be free to file an Interlocutory Application before this Court seeking modification of the order.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), oral order dated 10-10-2025 disposing of Cr. Misc. No. 11573 of 2025, a petition to modify the order dated 30.08.2024 in Cr. Misc. No. 75988 of 2023 (arising from PS Case No. 901 of 2022, Patna Complaint Case) by which the petitioner-husband had been granted bail subject to, inter alia, payment of Rs. 10,000/- per month to his wife, opposite party no.2. Observing that a divorce suit (Matrimonial Case No. 1501 of 2024, Family Court, Patna) was already pending and that the petitioner had furnished no convincing explanation of his financial condition, the Court refrained from modifying the order, directed the wife to apply for maintenance before an appropriate Court within two months (the Court concerned to take that petition to its logical conclusion at the earliest, the interim payment order thereafter merging with the maintenance outcome), and provided that if she failed to file within sixty days the petitioner would be free to renew his modification plea through an Interlocutory Application before this Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11573 of 2025

In

CRIMINAL MISCELLANEOUS No.75988 of 2023

Arising Out of PS. Case No.-901 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna

======================================================

Parag Kumar Singh Son of Late Birendra Kumar Singh Resident of Mohalla -Teachers Colony Lakhibagh Manpur, PS- Muffasil, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar Bihar

Poonam Kumari Wife of Parag Kumar Singh Resident of mohalla- Raj Nagar, PPS More, P.S.- Danapur, Distt.- Patna

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Shubhangi Pandey, Advocate For the Opposite Party/s : Mr.Manoj Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

8 10-10-2025 Heard the parties.

The present petition has been preferred for

modification of the order dated 30.08.2024 in Cr. Misc. No. 75988 of 2023 passed by this Court whereby the petitioner, the husband of the opposite party no.2 was granted bail vide order dated 30.08.2024 subject to certain conditions including payment of Rs.10,000/- per month to the opposite party no.2.

Since divorce case has already been filed, vide Matrimonial Case No. 1501 of 2024 before the learned Principal Judge, Family Court, Patna (Parag Kumar Singh vs. Poonam Kumari), the petitioner is not coming up with proper

Patna High Court CR. MISC. No.11573 of 2025(8) dt.10-10-2025 2/2

explanation to convince the Court regarding his financial condition, in that background, this Court refrains from modifying the order and is of the opinion that the lady now has to submit a proper application for maintenance before an appropriate Court within a period of two months from today and in case, the same is filed, the Court concerned after hearing the petition shall be taking it to its logical conclusion at an earliest.

Needless to add the present order of payment by this Court shall merge with the order passed by the Court concerned in the maintenance case to be filed by the lady.

It is made clear that if the lady fails to file the petition in next sixty days, the petitioner shall be free to file an Interlocutory Application before this Court for the modification of the order.

The Cr. Misc. No. 11573 of 2025 stands disposed

of.

(Rajiv Roy, J)

Ravi/-

U T