Patna High Court
Sanjay Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
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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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