Patna High Court
Guddu BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Guddu Baitha, sought anticipatory bail fearing arrest in a case registered under IPC sections 323, 341, 498(A), 504 and 506/34. He alleged that the complainant, his wife Soni Devi, had falsely implicated him and that she was not contesting the case due to financial constraints. The State argued that the allegations involved marital discord, possible illicit relationships, and that the complainant had previously indicated willingness to revive the conjugal relationship, which the petitioner declined. The court examined the submissions and the nature of the allegations, finding no sufficient ground to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations and the nature of the offences alleged under the IPC.
Legislation cited
- Indian Penal Code — s. 323, 341, 498A, 504, 506/34
Subjects
- anticipatory bail
- IPC offences
- false complaint
- marital dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53643 of 2025
Arising Out of PS. Case No.-465 Year-2022 Thana- COMPLAINT CASE - BAGAHA
District- West Champaran
======================================================
Guddu Baitha Son of Jagah Baitha Village- Rampur Cheknaka PS- Laukariya
Dist -West Champaran At Pipariya Mishrauli tola, Ps- Bagaha Dist- West
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Devi Wife of Guddu Baitha Village-Pipariya Mishrauli tola, Ps-
Bagaha, Dist- West champaran, P/A- village- Karmahawa, Ps- Padrauna,
Dist- Kushinagar UP
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 323, 341, 498(A),
504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that O.P.
No.2 despite receiving notice chooses not to appear and contest.
It is next submitted that petitioner being husband has been
falsely implicated in the instant case by the complainant. It is
also submitted that after instituting the instant false case, O.P.
Patna High Court CR. MISC. No.53643 of 2025(4) dt.23-02-2026
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No.2 is not appearing to contest the same on which the learned
APP submits that it might be a possibility that O.P. No.2 may
not be in a financial position to engage a learned lawyer for
contesting the case as it appears that the child born out of the
wedlock is also staying with her. The learned APP next submits
that from perusal of the order impugned dated 08.09.2023, it
would manifest that the same records that petitioner and O.P.
No.2 were present before the learned District Court and the O.P.
No.2 was willing to revive her conjugal relationship with the
petitioner but then petitioner was not ready to keep the
complainant. It is also submitted that there is specific allegation
in the complaint that the petitioner was having an illicit
relationship with the accused no.4, who was his first wife, and
after divorcing her had married the present complainant but later
again developed intimacy with her. The learned APP thus,
submits that one can well imagine the plight of the O.P. No.2,
who is sustaining herself along with the child in absence of any
financial support from the petitioner.
4. Considering the submissions made by the learned
APP, the Court is not inclined to extend the privilege of
anticipatory bail to the petitioner. Accordingly, the prayer for
grant of anticipatory bail to the petitioner is hereby rejected in
Patna High Court CR. MISC. No.53643 of 2025(4) dt.23-02-2026
3/3
connection with Complaint Case No.465/2022, pending in the
court of learned S.D.J.M., Bagaha, West Champaran.
(Satyavrat Verma, J)
Sanjay/-
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