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Patna High Court

Lalsa Devi @ Anita RayversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application was dismissed as withdrawn.

Summary

Lalsa Devi filed an anticipatory bail application before the Patna High Court under Sections 82 and 83 of the Criminal Procedure Code, seeking protection from arrest. While the application was pending, the petitioner learned that the criminal process under the same sections had already been initiated. Consequently, the petitioner, through counsel, requested to withdraw the anticipatory bail application. The State was represented by an Additional Public Prosecutor. The Court accepted the withdrawal and dismissed the anticipatory bail application as withdrawn.

Issues considered

  • Whether the anticipatory bail application should be entertained when the criminal process under Sections 82 and 83 CrPC has already been initiated
  • Whether the Court can dismiss the application upon the petitioner's request for withdrawal

Legislation cited

Subjects

  • anticipatory bail
  • CrPC
  • Section 82
  • Section 83
  • withdrawal of application
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14669 of 2026
                   Arising Out of PS. Case No.-19 Year-2005 Thana- LAUKARIA District- West Champaran
                  ======================================================
                  Lalsa Devi @ Anita Ray Daughter of Ramtarikh Mushar W/o Lalabahadur
                  Ray, Resident of Village - Bankatwa, P.S.- Gobrahiya, District - West
                  Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Samir Kumar, Adv
                  For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

3    29-04-2026                     Learned counsel for the petitioner prays for

                    withdrawing the present application on account of the fact that

                    the process under Sections 82 and 83 of Cr.P.C. has already been

                    initiated.

                                 2. Learned A.P.P. for the State is present.

                                 3. As prayed for, the present anticipatory bail

                    application stands dismissed as withdrawn.



                                               (Alok Kumar Sinha, J)
kiran/-

U         T


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