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Patna High Court

Pawan YadavversusThe State of Bihar

Decided
Disposal
D.F.D. FOR NON APPEARANCE

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

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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