Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail granted to the respondent is cancelled.
Summary
Shobha Devi filed an application seeking cancellation of the anticipatory bail that had been granted to Gaurav Rai (OP No.2) in a matrimonial dispute. The petitioner argued that the bail was obtained by misleading the court, that the respondent had refused to accept notice, and that he had failed to pay the promised maintenance amount. The State’s counsel supported the claim that the notice was validly served due to the refusal to accept it. The court examined the conduct of the respondent, noting the non‑payment of maintenance and the refusal to appear, and concluded that the anticipatory bail was improperly obtained. Consequently, the court cancelled the anticipatory bail order dated 30‑April‑2024.
Issues considered
- Whether the anticipatory bail granted to the respondent should be cancelled
- Whether refusal to accept a notice amounts to valid service of notice
- Whether the respondent’s alleged misuse of anticipatory bail warrants cancellation
Subjects
- anticipatory bail
- notice service
- maternity dispute
- maintenance
- misuse of court process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10419 of 2026
Arising Out of PS. Case No.-161 Year-2021 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Shobha Devi W/o Gaurav Rai @ Gaurav Kumar @ Gabbar @ Gabbar Rai
D/o Padhan Rai, R/o Village - Marthua, P.S - Bidhan, District - Samastipur, At
present R/o Village - Phulwaria, P.S - Phulwaria, District - Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gaurav Rai @ Gaurav Kumar @ Gabbar @ Gabbar Rai S/o Balo Rai R/o
Village - Marthua, P.S - Bidhan, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar Sinha
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The instant application has been filed seeking
cancellation of the anticipatory bail granted to the OP No. 2
herein vide order dated 30-4-2024 in Cr Misc No. 3908 of 2023.
3. Learned counsel for the petitioner submits that
from perusal of the office report dated 21-4-2026, it would
manifest that OP NO. 2 has refused to accept notice.
4. Since OP No. 2 has refused to accept notice, hence
the notice is deemed to be validly served.
5. Learned counsel for the petitioner submits that OP
No. 2 herein had filed Cr. Misc No. 3908 of 2023 seeking
Patna High Court CR. MISC. No.10419 of 2026(3) dt.24-04-2026
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anticipatory bail, it is next submitted that the dispute was
matrimonial and the petitioner herein was impleaded as OP No.
2 in Cr Misc No. 3908 of 2023. It is further submitted that on
behalf of the OP No. 2 herein a submission was made in Cr
Misc No. 3908 of 2023 that relationship in between the OP No.
2 and petitioner herein has deteriorated to an extent where it is
not possible to revive the conjugal relationship, but then with
passage of time, the parties may reconcile, it was next submitted
that no useful purpose would be served by sending the OP No. 2
to jail as future prospects of reconciliation will also become
bleak and OP No. 2 was ready to pay a monthly maintenance of
Rs. 4,000/- to the petitioner herein and the child, it was also
submitted that OP No. 2 herein is a poor person and is
differently abled.
6. Learned counsel for the petitioner next submits that
it appears that the OP No. 2 herein as petitioner in Cr Misc No.
3908 of 2023 had given an undertaking that he will pay a
monthly maintenance of Rs. 4,000/- to the petitioner herein and
the child only with a view to seek anticipatory bail, when after
order dated 30-4-2024 in Cr Misc No. 3908 of 2023 only an
amount of Rs. 5,000/- (Five Thousand) has been paid. Learned
counsel for the petitioner thus submits that a person who
Patna High Court CR. MISC. No.10419 of 2026(3) dt.24-04-2026
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misleads and seeks relief from the Court, should be dealt
severely. It is next submitted that OP No. 2 herein has refused
to accept notice, which amply demonstrates that he does not
intend to appear to put-forth his case.
7. Learned APP fairly submits that when notices were
issued on the OP No. 2, the OP No. 2 ought to have appeared,
but then from perusal of the office report, it manifests that OP
No. 2 has refused to accept notice, which amply demonstrates
his conduct.
8. After hearing the learned counsel for the parties,
the anticipatory bail granted to the petitioner by order dated 30-
4-2024 in Cr Misc No. 3908 of 2023 is hereby cancelled.
(Satyavrat Verma, J)
Sumit/-
U T
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