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Patna High Court

Govind Kumar Thakur @ Govind Kr. ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioner, Govind Kumar Thakur, sought anticipatory bail after an FIR was lodged alleging his involvement in offences under Sections 420, 120(B), 468, 471, 494 and 34 of the IPC, based on a complaint by an informant who claimed Thakur had married the informant's wife Mala without a divorce and forged documents to conceal the identity of a child. Thakur contended that he has a clean record, that the allegations are false, and that he was previously married to Madhuri, with a child born from that marriage, while the informant's claims conceal prior matrimonial disputes and complaints filed by Mala. The informant did not oppose the bail application, but the State opposed it. The court examined the factual matrix, noted the lack of concrete evidence linking Thakur to the alleged offences, and considered the purpose of anticipatory bail under Section 438 of the CrPC. Consequently, the court granted anticipatory bail to Thakur, subject to a bail bond of Rs.5,000 and two sureties of the same amount, and imposed conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S.S. The order allows Thakur to be released if arrested or to surrender within six weeks, pending trial in the Darbhanga Sadar case.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the allegations made in the FIR.
  • Whether the allegations in the FIR constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC
  • Indian Penal Code
  • false implication
  • forgery
  • marriage dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2152 of 2026
                    Arising Out of PS. Case No.-394 Year-2023 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Govind Kumar Thakur @ Govind Kr. Thakur S/o- Late Ram Chandra Thakur
                 Resident of Village-Jagdar, PS- Lakhanpur, District-Madhubani
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of the

                   informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 420, 120(B),

                   468, 471, 494 and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that he is employed as the Manager in SBI and was

                   married to Mala on 07.02.2008, who is a Clerk in Indian Overseas

                   Bank, and, out of the wedlock, a child was born on 21.01.2012

                   whose Birth Certificate No. is 751315848. Further, Mala

                   performed her second marriage with Govind (petitioner) without

                   obtaining divorce from the informant. It is next alleged that Mala

                   and Govind conspired to change the identity of his son who was
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          born on 21.01.2012 by concealing his birth certificate as well as

          residence and father’s name. It is further alleged that they

          produced forged document as original before the Unique

          Identification Authority and procured Aadhaar Card No.

          483992338463. It is next alleged that out of the illegal wedlock in

          between Mala and Govind, a son was born and son of the

          informant and Mala along with son of petitioner and Mala were

          admitted in DPS and name of the father is recorded as Govind

          (petitioner). It is next alleged that Mala in her FD account entered

          the name of Govind as nominee and the informant was attacked on

          06.09.2023 while he had gone to Darbhanga Court in connection

          with a case, hence, apprehends threat to life and his image in the

          society also got tarnished.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that relevant and correct facts

          have been concealed in the FIR. It is next submitted that petitioner

          married Madhuri on 05.12.2014 and a son, out of the wedlock, was

          born and since the conjugal relationship deteriorated, as such, a

          divorce case was filed and the marriage in between the petitioner

          and Madhuri got dissolved by judgment dated 21.01.2021 in MM

          No. 231 of 2019 passed by the learned Principal Judge, Family

          Court, Madhubani. It is also submitted that informant was married
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          to Mala and a son was born on 21.01.2012 but Mala was tortured

          by the informant, hence, Mala filed Complaint Case No. 331 of

          2014 dated 21.03.2014 against the informant but the case was

          withdrawn on intervention of well wishers. After withdrawal of the

          Complaint Case No. 331 of 2014, torture again started by the

          informant, thus, Mala along with her child came to her parental

          home and instituted Complaint Case No. 1786 of 2014 in the

          Court of learned Chief Judicial Magistrate, Darbhanga. It is further

          submitted that after the Complaint Case No. 1786 of 2014 was

          instituted, the informant again tried to woo Mala and promised that

          he will keep her with honour and dignity, as such, Mala stopped

          pursuing Complaint Case No. 1786 of 2014, hence, the informant

          was acquitted in the said case but after acquittal the torture again

          continued but Mala for her child, filed Mat. Case No. 78 of 2019,

          under Section 9 of the Hindu Marriage Act, in the Court of learned

          Principal Judge, Family Court, Darbhanga for restituting her

          conjugal rights. The informant appeared in Mat. Case No. 78 of

          2019 and filed his reply and the reply was to the effect that he does

          not intend to continue with the marriage. It is next submitted that

          during pendency of Mat. Case No. 78 of 2019, the petitioner and

          Mala came in contact and became close to each other thereafter

          Mala filed Mat. Case No. 16 of 2022 seeking divorce from the

          informant. It is also submitted that Mat. Case No. 16 of 2022 is
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          still pending adjudication. It is fairly submitted that petitioner and

          Mala are waiting for the outcome of Mat. Case No. 16 of 2022. It

          is further submitted that if Mala succeeds in obtaining divorce, the

          petitioner and Mala would get married. It is next submitted that

          cases instituted by Mala were much prior to the present case

          instituted by the informant but then all these facts have been

          concealed and an impression is being given as if Mala performed

          her second marriage with the petitioner without obtaining divorce

          and from the said wedlock a child was born. It is asserted and

          submitted that the child whom the informant alleges was born out

          of the wedlock of the petitioner and Mala is a child who was born

          from the wedlock of the petitioner and Madhuri. It is also

          submitted that from perusal of the allegation as alleged in the FIR,

          it would manifest that though informant alleges that Mala married

          petitioner but then the year of marriage is not disclosed in the FIR

          and that is for the reason so that the age of the child whom the

          informant alleges is of the petitioner and Mala cannot be

          ascertained when the fact is that the child was born from the

          wedlock in between petitioner and Madhuri. It is further submitted

          that relationship in between informant and Mala may have

          deteriorated but then by instituting the instant case by concealing

          relevant facts, the informant has tried to malign a child.

                       5. At this stage, learned counsel appearing on behalf of
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                     the informant submits that he has instruction not to oppose the

                     prayer for anticipatory bail of the petitioner.

                                  6. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  7. After hearing the learned counsel for the parties, let

                     the petitioner, above-named, in the event of his arrest or surrender

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees

                     Five Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Trial Court where the case is

                     pending/Successor Court in connection with Darbhanga Sadar

                     (Mabbi O.P.) P.S. Case No. 394 of 2023, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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