Patna High Court
Pawan Baitha @ Pawan Kumar BaithaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The modification of the anticipatory bail order is allowed, granting the petitioner four weeks to surrender and directing the trial court to accept his bail bond with the same conditions.
Summary
Petitioner Pawan Baitha was granted anticipatory bail on 13‑08‑2025 with a condition that he must reunite with his wife, Krinta Devi, and live with her in the matrimonial home, supported by an affidavit from her. After attempting to comply, the wife refused to cohabit, and her father also declined. The petitioner filed an application seeking modification of the bail order to remove the cohabitation condition. The court examined whether the condition could be altered given the wife's unwillingness and held that the modification could be permitted. It granted the petitioner four weeks to surrender before the trial court, directing the trial court to accept his bail bond with the original conditions except the cohabitation requirement.
Issues considered
- Whether the anticipatory bail order can be modified to remove the condition of the petitioner living with his wife
- Whether the court can grant additional time for surrender in view of the wife's refusal
Subjects
- anticipatory bail
- modification
- bail conditions
- marital dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88674 of 2025
In
CRIMINAL MISCELLANEOUS No.32431 of 2025
Arising Out of PS. Case No.-527 Year-2024 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
Pawan Baitha @ Pawan Kumar Baitha S/o- Late Bhola Baitha Resident Of
Village- Sahlaur, Ps- Sahayak Sarai, Siwan, Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Krinta Devi W/o- Pawan Baitha @ Pawan Kumar Baitha, D/o- Shyama Ji
Baitha R/v- Nauranga, Ps- G.B Nagar Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
7 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed for
modification in order dated 13.08.2025 passed in Cr. Misc.
No.32431 of 2025.
3. Counsel submits that by virtue of the said order, the
petitioner was granted anticipatory bail with direction to
surrender before the Court within eight weeks with specific
direction that prior to furnishing bail bond, the petitioner shall
visit the house of his wife i.e., O.P. No.2 and will take her with
him in the matrimonial house and live with her with full dignity
and love. The Trial Court shall accept the bail bonds of the
petitioner on furnishing an affidavit by the wife (O.P. No.2) of
Patna High Court CR. MISC. No.88674 of 2025(7) dt.25-02-2026
2/2
the petitioner to the effect that she is residing with the petitioner
with full honour and dignity. He further submits that the said
order was passed on 13.08.2025, thereafter, the petitioner had
visited to the house of O.P. No.2 and request her father that he
has come to brought his wife, but they were not ready. In this
regard, two certificates were issued. One from Mukhiya and
another from Surpanch dated 25.09.2025.
4. Learned counsel for the O.P. No.2 submits that the
situation between the parties reached up to that extend that wife
is not interested to live with the petitioner.
5. In the light of the submissions mentioned in the
petition, let the said modification is hereby allowed and further
four weeks’ time is hereby granted from today to surrender
himself before the Court below and the Trial Court is directed to
accept his bail bond with the same conditions.
6. Accordingly, the modification application is hereby
allowed upto the extent.
(Dr. Anshuman, J)
Prakashmani/-
U T
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