Patna High Court
Rajesh Prasad @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The High Court dismissed the anticipatory bail application, ordering the petitioners to surrender to the trial court.
Summary
The petitioners, Rajesh Prasad and Madhuri Devi, feared arrest in a dowry‑death case (IPC §§304B and 34) pending before a Judicial Magistrate. They had earlier filed an anticipatory bail application which was withdrawn and dismissed in May 2024. After about two years, they filed a fresh anticipatory bail petition in the Patna High Court. The Court observed that the earlier withdrawal rendered the present application untenable and declined to interfere, dismissing the petition. It directed the petitioners to surrender to the trial court within six weeks, where the trial court must decide any bail application on its merits without prejudice from the earlier dismissal.
Issues considered
- What is the effect of a previously withdrawn and dismissed anticipatory bail application on a subsequent anticipatory bail petition filed after a lapse of time?
- Whether the High Court can entertain a fresh anticipatory bail application in the circumstances described.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- anticipatory bail
- withdrawal of application
- IPC 304B
- dowry death
- CrPC
- surrender
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10934 of 2026
Arising Out of PS. Case No.-119 Year-2023 Thana- BAHADURPUR District- Patna
======================================================
1. Rajesh Prasad @ Rajesh Kumar S/o Late Chhote Ram R/o vill - Rampur
Road, Near Rainbow Tower, P.s.- Bahadurpur, Distt.- Patna
2. Madhuri Devi W/o Rajesh Prasad @ Rajesh Kumar R/o vill - Rampur Road,
Near Rainbow Tower, P.s.- Bahadurpur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravashankar Mishra, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 03-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Bahadurpur P.S. Case No. 119 of 2023, dated
05.04.2023, lodged under Sections 304(B) & 34 of the Indian
Penal Code, pending before the Court of Judicial Magistrate, 1 st
Class, Patna City.
3. Learned APP for the State raised preliminary
objection and submits that the anticipatory bail application of
the petitioners has been earlier dismissed as withdrawn vide
order dated 03.05.2024, passed in Cr. Misc. No. 17489 of 2024,
which is annexed as Annexure-P/2. Counsel further submits that
from Annexure-P/2, it transpires that the counsel for the
Patna High Court CR. MISC. No.10934 of 2026(4) dt.03-04-2026
2/2
petitioners sought permission to withdraw the anticipatory bail
application as having become infructuous, and only for this
reason this Court granted permission to withdraw.
4. In view of the above and after perusal of the record,
it transpires to this Court that after a lapse of about 2 years,
again the same petitioners have come before this Court in Cr.
Misc. No. 10934 of 2026 and the petitioners seek to pursue the
present Cr. Misc. application on merits. But this Court is not
inclined to interfere in the present Cr. Misc. application and the
same is accordingly dismissed.
5. It is directed that the petitioners shall surrender
before the Trial Court within a period of six weeks from today.
In case the petitioners surrender within the said period, the Trial
Court is directed to pass orders on their surrender-cum-bail
applications on the same day, without being prejudiced by the
fact that their anticipatory bail applications have been rejected
by this Court. The Trial Court shall pass orders on the merits of
the case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
Checking your session…