Patna High Court
Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- D.F.D. FOR NON APPEARANCE
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application was dismissed for non‑appearance and alleged false statements.
Summary
Petitioner Pawan Yadav applied for anticipatory bail in a criminal case involving offences under Sections 341, 323, 324, 307, 120(B) and 34 of the Indian Penal Code. The respondent, Rukmani Devi, claimed the dispute was matrimonial and alleged that the petitioner was evading the court. The petitioner failed to appear on the dates ordered by the court (27‑04‑2026 and 04‑05‑2026) despite the respondent’s presence. The court held that the petitioner’s earlier submission that he would restore conjugal rights was false and made solely to obtain anticipatory bail. Consequently, the anticipatory bail application was dismissed and any interim order vacated.
Issues considered
- The court's jurisdiction to grant or dismiss anticipatory bail in the absence of the petitioner.
- Whether the petitioner’s alleged false statements constitute abuse of the anticipatory bail process.
Legislation cited
- Indian Penal Code — s. 120(B), 307, 323, 324, 34, 341
Subjects
- anticipatory bail
- non‑appearance
- false statements
- maternity dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72415 of 2025
Arising Out of PS. Case No.-183 Year-2024 Thana- COMPLAINT CASE - BENIPUR
District- Darbhanga
======================================================
Pawan Yadav S/o Late Saryug Yadav R/o Village - Kathara, P.S - Manigachhi,
District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rukmani Devi W/o Pawan Yadav D/o Vikash Yadav, R/o Village -
Dhamsain, P.S - Alinagar, District - Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr.Zainul Abedin, APP
For O.P. No.2 : Mr.Diwakar, Advocate
Ms. Priya Kumari, Advocate
Mr. Pallav Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 04-05-2026 No one appears on behalf of the petitioner. The learned
A.P.P. for the State is present.
2. Petitioner apprehends his arrest in a case registered for
the offence punishable under Sections 341, 323, 324, 307, 120(B),
34 of the Indian Penal Code.
3. The learned counsel appearing on behalf of the O.P.
No.2 submits that the dispute is matrimonial and the petitioner is
evading the Court, it is further submitted that the case was taken up
on 22.04.2026 when the submission was made by learned counsel
appearing on behalf of the petitioner that petitioner is willing to
restitute his conjugal right and intends to keep the O.P. No.2 with
honour and dignity, as such the case was directed to be listed on
Patna High Court CR. MISC. No.72415 of 2025(5) dt.04-05-2026
2/2
27.04.20226 at 1 P.M. and the petitioner and O.P No.2 were
directed to remain physically present, it is submitted that on
27.04.26, the O.P. No.2 was present in the Court in compliance of
the order dated 22.04.2026 but submission was made on behalf of
learned counsel for the petitioner that petitioner could not be
contacted, as such the case was directed to be listed on 04.05.2026.
Today, when the case is taken up, no one appears on behalf of the
petitioner though the O.P. No.2 is present in the Court.
4. Since the petitioner is not present today nor was
present on 27.04,2026, it amply demonstrates that petitioner only
with a view to seek anticipatory bail had made false submission that
he intends to keep O.P. No.2 with honour and dignity. Since no one
appears on behalf of the petitioner nor petitioner is present, as such,
anticipatory bail application is dismissed for non-prosecution.
5. Interim order, if any, is vacated.
6. Let a copy of this order be sent to the Superintendent
of Police, Darbhanga.
7. The personal appearance of O.P. No.2 is dispensed
with.
(Satyavrat Verma, J)
sanjeev/-
U T
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