Created by Fuzzy Cloud

Patna High Court

Madhuri DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application is dismissed as withdrawn, with liberty granted to the petitioners to surrender within eight weeks and seek regular bail.

Summary

Madhuri Devi and Kalpana Kumari, both women with no prior criminal record, filed an anticipatory bail application fearing arrest in connection with a case registered under multiple sections of the B.N.S. They later sought to withdraw the application, expressing willingness to surrender to the trial court within eight weeks and request regular bail. The Patna High Court, after hearing, dismissed the anticipatory bail application as withdrawn, granting them liberty to surrender within the stipulated period. The Court directed that upon surrender, the trial court should promptly consider their bail application, taking into account their clean antecedent and ensuring a swift disposal, preferably on the same day. The order emphasizes that the withdrawal does not prejudice their right to obtain bail after surrender.

Issues considered

  • Whether the anticipatory bail application can be withdrawn by the petitioners.
  • Whether the petitioners are entitled to surrender to the trial court and subsequently seek regular bail.
  • Whether the court should consider the petitioners' clean criminal antecedent in granting bail.

Legislation cited

  • B.N.S. — s. 308(2), 318(4), 336(3), 338, 3(5), 351(2), 351(3), 61(2)

Subjects

  • anticipatory bail
  • withdrawal of application
  • surrender
  • regular bail
  • high court order
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20756 of 2026
                      Arising Out of PS. Case No.-206 Year-2025 Thana- BELDOUR District- Khagaria
                 ======================================================
           1.     Madhuri Devi W/o Late Dhaneswar Mistri R/o vill - Beldaur, P.S.- Beldaur,
                  Distt.- Kagaria
           2.    Kalpana Kumari W/o Ranjan Kumar Bharti R/o vill - Beldaur, P.S.- Beldaur,
                 Distt.- Kagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Aditya Kumar, Advocate
                 For the State           :        Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                    Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Beldaur P.S. Case No. 206 of 2025 registered

                   for the offence punishable under Sections 318(4), 61(2), 338,

                   336(3), 308(2), 351(2), 351(3) and 3(5) of the B.N.S., lodged on

                   09.07.2025 by the informant Vikram Kumar.

                                 3. After some argument, learned counsel for the

                   petitioners prays for withdrawal of the petition and submit that

                   though they being lady, having no criminal antecedent and at

                   best, the role of conspirator is there, would like to surrender

                   before the Court concerned and seek bail.

                                 4. Accordingly, the anticipatory bail application
            Patna High Court CR. MISC. No.20756 of 2026(2) dt.08-04-2026
                                                        2/2




                      stands rejected as withdrawn with liberty to surrender before the

                      concerned court in next eight weeks and seek bail.

                                   5. If within the said period, they surrender, the court

                      concerned shall look into the matter and while disposing of the

                      bail application shall see to it that two ladies do not have

                      criminal antecedent and without being prejudiced by this

                      withdrawal, the matter be taken up and disposed of preferably

                      on the same day.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.