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Patna High Court

Jyoti KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U


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