Patna High Court
Madhuri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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The anticipatory bail application is dismissed as withdrawn, with liberty granted to the petitioners to surrender within eight weeks and seek regular bail.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 The Patna High Court, after hearing, dismissed the anticipatory bail application as withdrawn, granting them liberty to surrender within the stipulated period.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- Whether the anticipatory bail application can be withdrawn by the petitioners.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
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