Rahul Kumar Choubey v. The State of Bihar

Patna HC15 May 2026CR. MISC./24888/2026

Case brief

AI extract

What is this about?

Modification of anticipatory bail order; extension of surrender period till 30.06.2026; Section 498(A) IPC; Complaint Case No. 1238(c) of 2023, Rohtas; Criminal Miscellaneous No. 78322 of 2024; death of petitioner's father on 23.11.2025; matrimonial dispute resolved in Matrimonial Case No. 329 of 2024; cost of Rs. 5,000 to Lawyers' Association Benevolent Fund, Patna; State of Bihar opposition; Harish Kumar, J; decided 15-05-2026.

What did the court decide?

Modification petition allowed: period of surrender extended till 30.06.2026, subject to payment of cost of rupees five thousand to be deposited in the Lawyers' Association Benevolent Fund, Patna, preferably within two weeks. ¶¶21

Rahul Kumar Choubey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶21

Issue for consideration

Whether the order dated 22.03.2025 passed in Criminal Miscellaneous No. 78322 of 2024 (directing surrender within four weeks after grant of anticipatory bail) should be modified so as to extend the period of surrender, in view of the death of the petitioner's father on 23.11.2025 and the resolution of the matrimonial dispute in Matrimonial Case No. 329 of 2024.

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Court's answer

Taking note of the submissions, the averments in the modification application, and the fact that in the interregnum period the father of the petitioner died, the modification petition stands allowed, subject to payment of cost of rupees five thousand to be deposited in the Lawyers' Association Benevolent Fund, Patna, preferably within two weeks.

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Ratio / Principle

The period of surrender is extended till 30.06.2026.

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Key takeaways

The order dated 22.03.2025 stands modified to the extent indicated above.ratio¶¶22

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J), by order dated 15-05-2026 in Criminal Miscellaneous No.24888 of 2026, allowed a modification application seeking alteration of the Court's order dated 22.03.2025 passed in Criminal Miscellaneous No. 78322 of 2024, whereby anticipatory bail had been granted in connection with Complaint Case No. 1238(c) of 2023 (cognizance under Section 498(A) of the Indian Penal Code) on the condition that the petitioner surrender within four weeks and furnish bail bond. The petitioner pleaded that his father died on 23.11.2025, causing severe mental anxiety and trauma, preventing timely surrender, and that the predominantly matrimonial dispute stood resolved in Matrimonial Case No. 329 of 2024. The State opposed, contending the petitioner flouted the Court's order. Allowing the modification petition subject to payment of cost of rupees five thousand to the Lawyers' Association Benevolent Fund, Patna, preferably within two weeks, the Court extended the period of surrender till 30.06.2026 and modified the earlier order to that extent.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24888 of 2026

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CRIMINAL MISCELLANEOUS No.78322 of 2024

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Arising Out of PS. Case No.-1238 Year-2023 Thana- ROHTAS COMPLAINT CASE District- Rohtas

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====================================================== Rahul Kumar Choubey S/O Late Surendra Choubey @ Surendra Kumar Choubey Resident of Village- Harihar Dihra, Post and PS- Kochas DistrictRohtas

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... ... Petitioner/s

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Versus

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The State of Bihar

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Khushboo Kumari W/O Rahul Kumar Choubey, D/O Govardhan Pandey Resident of at sasural village- Harihar Dihra, Post and PS- Kochas DistrictRohtas

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Krishna Tiwary, Adv. Mr. Lalitesh Mani, Adv. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 15-05-2026

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Heard Mr. Vijay Krishna Tiwary, learned Advocate for

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the petitioner and Mr. Damodar Prasad Tiwary, learned Advocate for the State.

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The application is filed seeking modification of the order dated 22.03.2025 passed by this Court in Criminal Miscellaneous No. 78322 of 2024 in connection with Complaint Case No. 1238(c) of 2023 wherein cognizance was taken for the offence under Section 498(A) of Indian Penal Code.

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While extending the privilege of anticipatory bail vide order dated 22.03.2025, this Court had directed the petitioner to ensure his surrender preferably within a period of four weeks’ and furnish bail bond. However, it is submitted that on 23.11.2025, the father of the petitioner died unfortunately

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Patna High Court CR. MISC. No.24888 of 2026(2) dt.15-05-2026 2/2

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and the petitioner undergone a severe mental anxiety and trauma, because of which he could not surrender within the period stipulated. It is further contended that the dispute is also predominantly matrimonial in nature and the parties have also resolved such dispute in Matrimonial Case No. 329 of 2024.

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Learned Advocate for the State on the other hand opposed the prayer and submitted that the petitioner has flouted the order of this Court and, as such, he does not deserve any sympathy of this Court.

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Considering the submissions advanced and the averments made in the modification application, as also taking note of the fact that in the interregnum period the father of the petitioner died, the modification petition stands allowed, however subject to payment of cost of rupees five thousand to be deposited in Lawyers’ Association Benevolent Fund, Patna, preferably within a period of two weeks’. The period of surrender be extended till 30.06.2026.

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The order stands modified to the extent indicated hereinabove.

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(Harish Kumar, J)

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supratim/-

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Rahul Kumar Choubey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar Choubey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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