IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86667 of 2025 In CRIMINAL MISCELLANEOUS No.76144 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Sahab Ali Son of Late Mahbub Alam R/o Mohalla - Dhelwa Gosain, opposite Dr. M. Kumar Hospital, P.O. and P.S. - Barh, Dist. - Patna. ... ... Petitioner/s Versus 1. The State of Bihar 2. Ayesha Sami D/o Mohammad Sami R/o Mohalla - Dhelwa Gosain, opposite Dr. M. Kumar's Hospita, PO. and P.S. - Barh, Dist. - Patna. At present R/o Wasim Manzil, Muradpur, Dorukh Gali, P.S. - Pirbahore, in the Town and Dist. - Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Singh, Sr. Advocate For the State : Mr.Arun Kumar Pandey, APP For the O.P. No. 2 : Mr.S.Khalid Shah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 23-07-2026 Heard Mr. Sanjay Singh, learned Senior Counsel for the petitioner, Mr. S. Khalid Shah, learned counsel for O.P. No. 2 and Mr. Arun Kumar Pandey, learned counsel for the State. 2. This is an application for modification of the order dated 16.03.2020 passed in Cr. Misc. No. 76144 of 2019 by this Court whereby the petitioner was granted anticipatory bail in connection with Complaint Case No. 201(C) of 2019. 3. Mr. Sanjay Singh, learned Senior Counsel for the Patna High Court CR. MISC. No.86667 of 2025(4) dt.23-07-2026 2/3 petitioner submits that the learned Magistrate in a Domestic Violence Case has allowed maintenance of Rs. 15,000/- per month to be paid to O.P. No. 2 by the petitioner. It is next submitted that as the account details were provided to the petitioner twenty days back, the maintenance for three months have been transferred in the bank account of O.P. No. 2 and rest of the balance amount shall be transferred within two weeks. 4. Learned counsel for O.P. No.2 has opposed the modification application. 5. Having considered the submissions advanced on behalf of the parties and in light of the law laid down by the Hon'ble Supreme Court in similar matters, this Court is of the opinion that the condition imposed in the order dated 16.03.2020 is not sustainable in law. 6. Accordingly, the following condition contained in the order dated 16.03.2020 passed by this Court in Cr. Misc. No. 76144 of 2019 is hereby set aside: "In the event the petitioner neglects, misbehaves with, or tortures the informant of this case, the Court below shall be at liberty to cancel the bail bond of the petitioner." 7. Mr. Sanjay Singh, learned Senior Counsel appearing on behalf of the petitioner, undertakes that the Patna High Court CR. MISC. No.86667 of 2025(4) dt.23-07-2026 3/3 petitioner shall continue to pay the maintenance amount to O.P. No. 2 in terms of the order passed by the learned Magistrate. 8. Accordingly, the present application stands allowed with the aforesaid observations. tusharika/- (Sandeep Kumar, J) U T