Patna High Court
Chandan Kumar @ Anurag Singh @ Anurag KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court disposed of the bail application, recalling the interim protection order and finding no ground to interfere with the impugned order.
Summary
The petitioner, Chandan Kumar, applied for pre‑arrest bail in a case registered under Sections 85 and 5(3) of the Bihar Narcotic Substances Act and Section ¾ of the Domestic Violence Protection Act. He also sought to maintain an interim protection order granted earlier. The court noted that mediation between the petitioner and his wife (Opposite Party No.2) had failed and that a maintenance suit had been filed, indicating an irretrievable breakdown of the marital relationship. In view of these facts, the court found no basis to interfere with the earlier order and recalled the interim protection. Consequently, the bail application was disposed of, effectively denying the petition for pre‑arrest bail.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner under the cited criminal provisions.
- Whether the interim protection order should continue despite the failure of mediation and the filing of a maintenance suit.
- Whether the breakdown of marital relations impacts the court's discretion to grant bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 5(3), 85
- Domestic Violence Protection Act — s. ¾
Subjects
- pre‑arrest bail
- mediation failure
- maintenance case
- marital breakdown
- criminal procedure
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85274 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- BADHAILA District- Rohtas
======================================================
Chandan Kumar @ Anurag Singh @ Anurag Kumar Son of Mahendra Singh
Resident of Village - Chhanha, P.S. - Baghaila, District - Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangeeta Kumari Wife of Chandan Kumar @ Anurag Singh @ Anurag
Kumar, D/o Late Babulal Singh Resident of Village - Chhanha, P.S. -
Baghaila, District - Rohtas at Sasaram. At present – Village- Tarna, P.O.-
Bhaluni Dham, P.S. Dinara, District, Rohtas at Sasaram, PIN- 802218
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
for the O.P. No.2 : Mr. Vinay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 09-04-2026 Heard Mr. Irshad Ahmad Khan, learned counsel
appearing on behalf of the petitioner; Mr. Gauri Shankar Gupta
learned APP for the State and Mr. Vinay Kumar Singh, learned
counsel for the O.P. No.2.
2. The petitioner seeks pre-arrest bail in connection
with Baghaila P.S. Case No. 99 of 2025 registered for the
offence(s) punishable under Sections 85, 5(3) of the BNS and
Section ¾ of D.P. Act.
3. Learned counsel appearing on behalf of the
petitioner submitted mediation between the parties has failed
and O.P. No.2 has filed maintenance case and the petitioner
Patna High Court CR. MISC. No.85274 of 2025(4) dt.09-04-2026
2/2
has received a notice in that regard by the concerned learned
District Court.
4. Considering the aforesaid submissions, this Court
finds that, despite the best efforts of the Mediator of this Court,
the mediation between the parties has failed. In such
circumstances, the conduct of the petitioner indicates that he is
no longer willing to live with Opposite Party No. 2, suggesting
an irretrievable breakdown of the marital relationship between
the parties. Accordingly, this Court finds no ground to interfere
with the impugned order.
5. The interim protection granted to the petitioner
vide order dated 15.12.2025 is hereby recalled with a liberty to
the respective parties to avail appropriate remedy in accordance
with law before the learned District Court or the Family Court.
6. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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