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2026 Supreme(Online)(Pat) 3641

PATNA HIGH COURT
Prabhat Kumar Singh, J
Rohit Mahto @ Rohit Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.69739 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Ashok Kumar
For the Respondents: Mr.Nirmal Kumar Sinha, Mr.Shailendra Kumar

The court highlights the obligation of financial support by a spouse in legal proceedings regarding marital disputes.

Headnote:The petitioner's arrest is sought in connection with a case alleging assault and second marriage. The petitioner disputes the marriage and offers temporary relief of Rs. 3,000/month. The court grants bail with conditions on payment and record communication of payments. The order permits resolution outside the court. The primary issues involve alleged marital misconduct and obligations of maintenance. The court emphasizes the importance of financial support during legal proceedings and the terms set for bail, highlighting the necessity for compliance in financial commitments to avoid bail cancellation. The petitioner is directed to pay monthly support and is granted bail, subject to compliance with set conditions.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 19-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner who is husband of the opposite party no. 2, apprehends his arrest in a case registered for the offences under Sections 126(2), 115(2), 74, 85 of the B.N.S. , 2023.

3. The informant alleges that her marriage was solemnized with this petitioner on 21.08.2020 in Ashokdham Temple, Begusarai and after five years of marriage, petitioner went to Deoghar, but did not return. She further alleges that when she inquired, she learnt that petitioner has solemnized second marriage and on objection raised by informant, family members of petitioner assaulted and ousted her.

4. Learned counsel for the petitioner submits that petitioner denies the allegation made in the F.I.R. Even, petitioner disputes solemnization of marriage with opposite party no. 2. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 260 of 2025, subject to the conditions laid down under section 482 of the B.N.S. S. as well as on the following conditions:-

“(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.

(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

(Prabhat Kumar Singh, J)

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