Patna High Court
Jyoti KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court declined to cancel the anticipatory bail and disposed of the application, directing the Family Court to expedite the pending maintenance proceedings.
Summary
The petitioner Jyoti Kumari filed an application seeking cancellation of the anticipatory bail granted to her husband, the opposite party, in a criminal case under Sections 323 and 498‑A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner argued that the husband’s anticipatory bail should be revoked, citing a pending maintenance proceeding (Maintenance Case No. 7 of 2022) in the Family Court where she has no source of income. The court observed that the petitioner’s counsel could not establish a sufficient ground for cancelling the bail. Consequently, the application for cancellation was dismissed, and the court directed the Principal Judge of the Family Court, Bhagalpur, to conclude the maintenance proceedings within three months, holding day‑to‑day hearings and proceeding ex‑parte against the non‑cooperating party. The court also ordered a follow‑up report after three months and communicated the order to the Principal District and Sessions Judge, Bhagalpur.
Issues considered
- Whether the anticipatory bail granted to the opposite party should be cancelled
- Whether the pending maintenance case affects the grant of anticipatory bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A
Subjects
- anticipatory bail
- cancellation of bail
- maintenance proceedings
- family court
- IPC 323
- IPC 498A
- Dowry Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3831 of 2026
Arising Out of PS. Case No.-168 Year-2019 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Jyoti Kumari W/O Mithilesh Mandal, D/o Satguru Das R/o vill.- Ganeshpur
Tinpulia, P.S.- Jagdishpur, Distt- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Mithilesh Mandal S/O Late Srikant Mandal R/O Vill.- Maheshkhar, P.S.-
Sanokhar, Dist.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subodh Prasad
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 13-07-2026 Heard the parties.
2. The present application has been filed for
cancellation of anticipatory bail granted to the opposite party no.
02(husband of the petitioner) by learned Additional Sessions
Judge-XIX, Bhagalpur vide order dated 10.10.2025 passed in
ABP No. 1048 of 2025 arising out of Complaint Case No. 168
of 2019 filed under Sections 323, 498-A of the Indian Penal
Code and under Sections 3,4 of the D.P. Act.
3. Learned counsel for the petitioner has not been able
to make out a case for cancellation, however, he submits that
Maintenance Case No. 7 of 2022 is pending in the Court of
Principal Judge, Family Court, Bhagalpur in which the opposite
Patna High Court CR. MISC. No.3831 of 2026(2) dt.13-07-2026
2/2
party no. 02 has appeared but the same is not being disposed of
and the petitioner has no source of income.
4. In view of the above, this application is disposed of
with a direction to the Principal Judge, Family Court, Bhagalpur
to conclude the proceedings of Maintenance Case No. 7 of 2022
within three months from the date of communication of a copy
of this order by holding day to day hearing. He is also directed
to proceed ex-parte against the non-cooperating party and will
send a report to this Court after three months.
5. List this case after three months under the heading
“For Orders” for perusal of the report of Principal Judge, Family
Court, Bhagalpur.
6. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Bhagalpur through FAX
for its compliance.
(Sandeep Kumar, J)
Vikas/-
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