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Patna High Court

Guddu BaithaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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/-

U          T


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