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Patna High Court

Sanjay Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the second anticipatory bail application filed by the petitioner is not maintainable and therefore rejected it.

Summary

The petitioner, Sanjay Kumar Jha, had earlier been granted anticipatory bail on the condition that he pay maintenance to his wife, Kumari Aarti, for two consecutive months. When he failed to do so, the wife filed an application which led to the cancellation of the anticipatory bail. Subsequently, a modification application was filed claiming that the parties had performed a separate marriage, and the court directed the petitioner to file a fresh anticipatory bail application. The petitioner filed a second anticipatory bail application, which the State opposed, alleging that the claim of a separate marriage was a ploy to mislead the court. The court examined the submissions and found the petitioner's claim unconvincing, concluding that the second anticipatory bail application should not be entertained. Consequently, the court rejected the second anticipatory bail application.

Issues considered

  • Whether the anticipatory bail granted earlier can be cancelled for non‑payment of maintenance
  • Whether a modification claim of a separate marriage justifies recalling the cancellation of anticipatory bail
  • Whether a fresh anticipatory bail application can be entertained in view of the changed circumstances and alleged misrepresentation

Subjects

  • anticipatory bail
  • cancellation of bail
  • maintenance
  • misrepresentation
  • marriage
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86923 of 2025

                     Arising Out of PS. Case No.-52 Year-2019 Thana- MAHILA PS District- Darbhanga
                 ======================================================
                 Sanjay Kumar Jha S/o Ram Udar Jha Resident of Village- Machaiya, P.S.-
                 Sakatpur, District- Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kumari Aarti W/o Sanjay Kumar Jha, D/o. Anil Choudhary Resident of
                 Nadiyami, P.O.- Kurshi, Nadiyami, P.S.- Sakatpur, District- Darbhanga, PIN
                 Code- 847405

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State, Mr. Chandra Bhushan Prasad.

                                2. The learned counsel for the petitioner submits that

                   petitioner was earlier granted the privilege of anticipatory bail

                   with a condition that if the petitioner does not credit amount of

                   maintenance as agreed for two consecutive months, in that event

                   the O.P. No. 2 shall be at liberty to file an application seeking

                   cancellation of the anticipatory bail granted to the petitioner.

                                3. It is submitted by the learned counsel for the

                   petitioner that the maintenance, as agreed, was not paid by the

                   petitioner, as such, an application was moved by the O.P. No. 2
Patna High Court CR. MISC. No.86923 of 2025(2) dt.18-02-2026
                                            2/3




          seeking cancellation of the anticipatory bail granted to the

          petitioner, based on which the anticipatory bail granted to the

          petitioner was cancelled, thereafter a modification application

          was filed bringing to the notice of the Court that petitioner and

          O.P. No. 2 have performed their separate marriage, as such, the

          order cancelling the anticipatory bail be recalled, but then the

          said modification application was disposed of with a direction to

          the petitioner to file a second anticipatory bail application in

          view of the changed circumstance.

                       4. It is thus submitted that in view of the liberty

          granted to the petitioner and in view of the changed

          circumstance, the instant second anticipatory bail application

          has been filed.

                       5. The learned APP for the State, Mr. Chandra

          Bhushan Prasad vehemently opposes the second anticipatory

          bail application and submits that from perusal of the party

          position, it would manifest that O.P. No. 2 is wife of Sanjay

          Kumar Jha, but then when modification application was filed, at

          that time a plea was taken that O.P. No. 2 has performed her

          separate marriage, as such, it appears that an attempt has been

          made to mislead the Court.

                       6. Considering the submissions made by the learned
            Patna High Court CR. MISC. No.86923 of 2025(2) dt.18-02-2026
                                                        3/3




                      APP for the State, the Court is not inclined to entertain the

                      second anticipatory bail application of the petitioner.

                                   7. Accordingly, the instant second anticipatory bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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