Created by Fuzzy Cloud

Patna High Court

VIJAY SHREEversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail granted to the husband is not cancelled.

Summary

Vijay Shree, the wife, filed an application seeking cancellation of the anticipatory bail granted to her husband, Gajendra Singh, in a criminal case under Section 498A of the IPC. The petitioner argued that the bail was granted without sufficient notice to her and that subsequent threatening conduct by the husband warranted cancellation. The High Court observed that the bail order was passed after hearing both parties and after considering the husband's application under Section 13 of the Hindu Marriage Act, indicating that due process was followed. Consequently, the Court found no ground to interfere with the bail order on the basis of notice. While the application for cancellation was dismissed, the Court permitted the petitioner to raise any further concerns about supervening threats before the court that originally granted the bail.

Issues considered

  • Whether anticipatory bail granted to the husband can be cancelled on the ground of insufficient notice to the petitioner
  • Whether supervening threatening conduct by the husband justifies cancellation of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • cancellation of bail
  • Section 498A
  • domestic violence
  • Hindu Marriage Act
  • notice
  • threatening conduct
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29395 of 2022
                     Arising Out of PS. Case No.-374 Year-2021 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 VIJAY SHREE D/o Manoj Kumar Singh, W/o Gajendra Singh R/o village-
                 Saneya, P.S.- Jagdishpur, District- Bhojpur, At present Krishna Nagar, Bhelai
                 Road, Zero Mile, P.S.- Udvantnagar, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Gajendra Singh S/o Dev Kumar Singh R/o village- Chhotaki Haradiyan,
                 P.S.- Jagdishpur, District- Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surj Bansh Roy, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   29-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   cancellation of anticipatory bail granted to the opposite party

                   no.2 by order dated 22.04.2022 by the Court of the learned

                   District and Sessions Judge, Bhojpur at Ara in A.B.P. No. 53 of

                   2022.

                                3. Learned counsel for the petitioner submits that the

                   present case is one under Section 498A of the Indian Penal Code

                   and the opposite party no. 2, who was the petitioner in the bail

                   application, was the husband. The ground taken for cancellation

                   him is that without hearing the petitioner and giving sufficient
Patna High Court CR. MISC. No.29395 of 2022(3) dt.29-01-2026
                                            2/3




          notices, the opposite party no.2 has been granted the privilege of

          anticipatory bail and the other ground taken by him relates to

          the supervening circumstances of threatening                of dire

          consequences being given to the petitioner by the opposite party

          no. 2.

                       4. So far as the first ground of insufficient notices is

          concerned, it is apparent from the bare perusal of the order

          granting anticipatory bail that the counsels for the husband

          (opposite party no.2), wife (petitioner) and the State were all

          given due hearing and in the last paragraph of the order it has

          been clearly stated that after hearing both the parties and upon

          consideration of the records including the application under

          Section 13 of the Hindu Marriage Act also having been filed on

          behalf of the opposite party no.2 (husband) that the privilege of

          anticipatory bail had been granted. As such, this Court finds no

          reason to interfere with the well considered order, considering

          the law which has been settled with regard to parameters for

          grant of bail stands on completely different level from that of

          cancellation thereof. In such view of the matter, this Court is not

          inclined to cancel the bail already granted to the opposite party

          no. 2, as such, the present application for cancellation of bail is

          dismissed.
              Patna High Court CR. MISC. No.29395 of 2022(3) dt.29-01-2026
                                                          3/3




                                     5. However, with regard to supervening circumstances

                        of threatening, the petitioner is granted liberty to raise the issues

                        before the Court concerned which has granted bail to the

                        opposite party no.2 and the concerned Court would dispose of,

                        any such application filed by the petitioner, in accordance with

                        law.



                                                  (Soni Shrivastava, J)
anand/-

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.