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Patna High Court

MONA KUMARIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail order is not perverse and there are no cogent grounds to cancel it; the application for cancellation is dismissed.

Summary

The petitioner, Mona Kumari, sought cancellation of the anticipatory bail granted to the opposite party, Amlesh Kumar, alleging that the bail was obtained on a false premise of a live-in relationship and a forged compromise document. The petitioner also claimed that the opposite party was physically disabled and that the bail order was perverse. The High Court examined the bail order, noting that it merely recorded a dispute over the nature of the relationship and did not adjudicate the legality of the marriage. The Court held that the alleged forgery and subsequent complaint did not constitute sufficient grounds to cancel the bail, as the bail order was not perverse and the principles for cancelling bail require overwhelming circumstances. Consequently, the application for cancellation of anticipatory bail was dismissed, with the Court clarifying that the bail order does not affect any other proceedings between the parties.

Issues considered

  • Whether the anticipatory bail granted to the opposite party should be cancelled on the ground of a perverse order.
  • Whether the alleged forged compromise document and claim of a live-in relationship justify cancellation of bail.
  • Whether the disability of the opposite party influences the bail decision.
  • Whether the filing of a separate forgery complaint impacts the validity of the anticipatory bail.

Subjects

  • anticipatory bail
  • cancellation of bail
  • perverse order
  • forgery
  • marriage dispute
  • disability
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58431 of 2022
                 Arising Out of PS. Case No.-1970 Year-2018 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 MONA KUMARI Wife of Sri Amlesh Kumar D/o Late Birendra Chaudhary,
                 R/m- Dujra, P.S.- Budha Colony, Distt.- Patna (Tenant in the house of Sri
                 Bhagwan Singh).

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Amlesh Kumar Son of Sri Madan Singh R/v- Bhagwatiya Rajpur, P.S.-
                 Keshariya, Purvi Champaran, Distt.- Motihari at present Poluya Paigambar
                 Bairiya near at Azad Transport, P.S.- Ahiyapur, Distt.- Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Vijay Kumar Sinha, Advocate
                 For the State          :       Md. Mushtaque Alam, APP
                 For O.P. No. 2         :       Ms. Gulafshan Afrin, Advocate
                                                Mr. S. Khalid Shah, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   03-04-2026                   Heard learned counsel for the petitioner as well as

                   O.P. No. 2 and learned APP for the State.

                                 2. The present application has been filed for

                   cancellation of anticipatory bail granted to the Opposite Party

                   No. 2, vide order dated 06.04.2022 passed by the court of

                   learned Sessions Judge, Patna.

                                 3. Learned counsel for the petitioner has submitted

                   that the present order of granting bail to the Opposite Party No.

                   2 suffers from the ground of perversity as even though, the

                   petitioner had appeared and contested the argument of the
Patna High Court CR. MISC. No.58431 of 2022(4) dt.03-04-2026
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          Opposite Party No. 2 that the relationship between the parties

          was not one of a live-in-relationship but of duly performed

          marriage, anticipatory bail was granted. It was also pointed out

          that the mutual compromise between the parties by way of a

          bond paper (Annexure-3 to the application) was a fake and

          forged     document        inasmuch        as    the   signature   of   the

          petitioner/complainant and her mother have been denied and the

          same is said to be forged. It has thus, been submitted that the

          anticipatory bail granted to the O.P. No. 2 on such false ground

          of a live-in-relationship and of compromise having arrived at

          between the parties, is fit to be cancelled.

                       4. Learned counsel has also brought on record by way

          of supplementary affidavit, a complaint case filed against the

          Opposite Party No. 2 with regard to the alleged fraud committed

          with the Court whereupon subsequently, cognizance has also

          been taken.

                       5. Learned APP for the State opposed the prayer for

          cancellation of anticipatory bail of the Opposite Party No. 2.

                       6. After having gone through the contentions of the

          petitioner and the other documents on record, it appears that the

          order dated 06.04.2022 clearly indicates in the last but one

          paragraph that there appears to be a dispute of marriage and it
Patna High Court CR. MISC. No.58431 of 2022(4) dt.03-04-2026
                                            3/4




          only refers to a claim that there was a live-in-relationship

          between the petitioner Amlesh Kumar, who is the present

          Opposite Party No. 2, and the complainant, who is the present

          petitioner. It is clear from such words that there is a claim and

          counter claim which in no way decides the legality or illegality

          of the marriage, nor the impugned order indicates the same.

                       7. So far as the compromise in the form of bond paper

          is concerned, from the bare perusal of same, it appears that the

          signature of the present petitioner/complainant and her mother

          appears on the said documents and the Court of learned Sessions

          Judge would not have been in a position to decide as to whether

          the same was forged or not. However, the order granting bail

          has not only considered the factum of compromise but has

          mainly considered that there was a dispute with regard to the

          marriage and had also considered that Opposite Party No. 2 was

          physically disabled person, showing 90 per cent of disability.

                       8. In any view of the matter, the petitioner/informant

          has the unfettered right to pursue the subsequent complaint case

          filed by him against Opposite Party No. 2 relating to forgery

          which would reach its own logical conclusion. But the filing of

          the said complaint petition and taking cognizance thereupon, is

          a subsequent development, which was not present before the
             Patna High Court CR. MISC. No.58431 of 2022(4) dt.03-04-2026
                                                         4/4




                       Court while granting anticipatory bail. Moreover, taking of

                       cognizance only establishes a prima facie case and is not

                       conclusive proof of fact.

                                    9. Considering the facts and circumstances and having

                       heard the rival submissions of the parties, it cannot be said that

                       the view taken by the learned Court concerned was a perverse

                       view. Thus, keeping in view the principles and guidelines with

                       respect to cancellation of bail as laid down by the Hon’ble Apex

                       Court in catena of decisions that very cogent and overwhelming

                       circumstances are necessary for interfering with the discretion in

                       granting bail, I do not see any good ground to set aside the order

                       of the learned Sessions Judge, Patna, as such, the present

                       application for cancellation of bail stands dismissed.

                                    10. However, it is made clear that the order granting

                       anticipatory bail to the Opposite Party No. 2 would not have any

                       implication on any other proceeding between the parties.



                                                 (Soni Shrivastava, J)
priyanka/-

U      T


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