Patna High Court
Bikram Pratap ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The anticipatory bail granted to the petitioner remains in force and is not altered by the alleged non‑compliance with the divorce terms.
Summary
The petitioner, Bikram Pratap Chaudhary, filed a modification application seeking to alter the anticipatory bail order dated 08.05.2025 in a case under Section 498A IPC. The parties had earlier entered into a mutual consent divorce under Section 13-B of the Hindu Marriage Act, with specific terms incorporated in the earlier order. The petitioner alleged that the terms of the divorce were not being strictly complied with, and sought relief to modify the bail order. The court observed that non‑compliance with the divorce terms does not affect the validity of the anticipatory bail already granted. Consequently, the court held that the anticipatory bail would continue to stand despite the changed circumstances. The modification application was therefore disposed of.
Issues considered
- Whether the anticipatory bail granted under the order of 08.05.2025 can be modified on account of alleged non‑compliance with the terms of a mutual consent divorce.
- Whether the existence of a Section 498A case impacts the continuance of anticipatory bail.
Legislation cited
- Hindu Marriage Act — s. 13-B
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- modification application
- Section 498A IPC
- mutual consent divorce
- Hindu Marriage Act
- non‑compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89148 of 2025
In
CRIMINAL MISCELLANEOUS No.64999 of 2024
Arising Out of PS. Case No.-278 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Bikram Pratap Chaudhary Son of Barun Kumar Chaudahry Resident of 46,
New Khajasarai Laheriasarai, Distt -Darbhanga Bihar and Presently Residing
At RZF-1/24B, Gali No. 2, Mahavir Enclave, Palam, Dwarka, New Delhi
110045
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anupriya Wife of Bikram Pratap choudhary Resident of 14-B, Rajiv nagar,
Patna, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Puneet Siddhartha, Advocate
For the State : Mr. Mukesh Kumar Singh, APP
For the O.P. No.2 : Mr. Anjani Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the parties.
2. The present modification application has been
preferred to modify the order dated 08.05.2025 passed in Cr.
Misc. No.64999 of 2024.
3. The present case is one Section 498A of the Indian
Penal Code.
4. The parties had come to an agreement for filing a
mutual consent divorce under Section 13-B of the Hindu
Marriage Act on certain terms and conditions incorporated in
the order dated 08.05.2025.
Patna High Court CR. MISC. No.89148 of 2025(3) dt.13-02-2026
2/2
5. It is submitted that those terms and conditions are
not being strictly complied with. In such view of the matter, the
parties to the proceedings would be free to contest the case on
merits and take recourse of other remedies available in law.
However, the anticipatory bail granted to the petitioner vide
order dated 08.05.2025 would still stand even in changed
circumstances.
6. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
Trivedi/-
U T
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