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2024 DAILYLAW 2259 (PAT)

RESHMA SINHA v. The State of Bihar

CR. MISC./49526/2024 · 2026-07-23

Sandeep Kumar

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49526 of 2024 Arising Out of PS. Case No.-72 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Reshma Sinha W/O Pallwan Kumar @ Pallwar Kumar R/O Mohalla- Rajendra Nagar, Road No.1a Near Electricity Office, P.S- Kadamkuan, Distt.- Patna, Presently Residing At Her Own Father Namely Ramkishore Prasad, R/O Mohalla- Nayi Godown, P.S- Kotwali, Distt.- Gaya. ... ... Petitioner Versus 1. The State of Bihar 2. Pallwan Kumar @ Pallwar Kumar S/O Arun Kumar Sinha R/O Mohalla- Rajendra Nagar, Road No.1a, Near Sub Station, P.S- Kadamkuan, Distt.- Patna. ... ... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 23-07-2026 Heard learned counsel for the petitioner and learned APP for the State 2. In this case the petitioner is challenging the order dated 21.03.2024 passed by the Sub Divisional Judicial Magistrate, Gaya Ji, by which the Magistrate has disposed of the cancellation bail petition filed by the petitioner as not maintainable. The said cancellation bail petition was filed for canceling the bail bonds of the opposite party no.2 on the ground that he is not paying maintenance amount of Rs. 12,000/- per month to the petitioner pursuant to the order dated 27.03.2023 passed by a Coordinate Bench of this Court in Cr. Patna High Court CR. MISC. No.49526 of 2024(4) dt.23-07-2026 2/2 Misc. No.16642 of 2023 while enlarging the opposite party no.2 on bail. 3. Considering the aforesaid facts, this application is disposed of with a liberty to the petitioner to move a fresh application for cancellation of bail of the opposite party no.2 before the concerned Court below. If such an application is filed, the Court below shall consider and dispose of the same in accordance with law within fifteen days of its filing. While deciding the application, the Court below shall verify the submission regarding non-payment of maintenance amount by the opposite party no.2 to the petitioner. If it is found that the opposite party no.2 is not paying the maintenance amount to the petitioner, the Court below shall pass appropriate order including canceling the bail bonds of the petitioner. 4. Let a copy of this order be communicated to the Principal District & Sessions Judge, Gaya Ji, forthwith through FAX or e-mail for its compliance. shalini/Pawan- (Sandeep Kumar, J) U T