Patna High Court
Soni KumariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application was dismissed as withdrawn.
Summary
Petitioner Soni Kumari applied for anticipatory bail in a case registered under Sections 64(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. While the application was pending, she was arrested and taken into custody. Her counsel sought permission to withdraw the anticipatory bail application, arguing that it had become infructuous. The Court granted the request, holding that the application could be withdrawn after arrest. Consequently, the anticipatory bail application was dismissed as withdrawn, and any pending applications were also disposed of.
Issues considered
- Whether an anticipatory bail application can be withdrawn after the applicant has been arrested
- Whether the anticipatory bail application becomes infructuous upon arrest
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 64(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- withdrawal of application
- criminal procedure
- POCSO Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35577 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
Soni Kumari S/o Krishna Mohan Mahto @ Krishn Mohan Mahto Resident of
Village - Shyampur Baithaniya, Ward no. - 03, P.S. - Majhauliya, Dist. - West
Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y Resident of Village - Shyampur Baithaniya, Ward no. - 02, P.S. -
Majhauliya, Dist. - West Champaran, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 18-06-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks anticipatory bail in connection
with Majhaulia P.S. Case No. 107 of 2026 registered for the
offences under Sections 64(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 4/6 of the POCSO Act.
3. The learned counsel for the petitioner submits that
during the pendency of the present anticipatory bail application,
the petitioner has already been arrested and taken into custody.
In view of the same, he seeks permission to withdraw the
present application as the same has now become infructuous.
4. Permission, as prayed for, is granted.
Patna High Court CR. MISC. No.35577 of 2026(2) dt.18-06-2026
2/2
5. Accordingly, the present application stands
dismissed as withdrawn.
6. Pending application(s), if any, also stand disposed
of.
(Sandeep Kumar, J)
Shishir/-
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