Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the petitioner to withdraw the anticipatory bail application and dismissed the petition.
Summary
Petitioner Saurabh Kumar filed an anticipatory bail application in a criminal miscellaneous case. He sought to withdraw the application, relying on a Supreme Court order in Nidhi Kumari v. State of Bihar, where the Court had granted protection to a minor forced into marriage under Article 32. The State's counsel did not oppose the withdrawal. The Patna High Court, after hearing counsel, permitted the withdrawal, noting the petitioner no longer feared arrest and could file a fresh application if needed. Consequently, the anticipatory bail petition was dismissed as withdrawn.
Issues considered
- Whether a petitioner may withdraw an anticipatory bail application after filing it
- Whether the Supreme Court's protection order in a related civil writ impacts the pending anticipatory bail application
Subjects
- anticipatory bail
- withdrawal of bail application
- Supreme Court protection order
- Article 32
- minor forced marriage
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42292 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- Piplawa District- Patna
======================================================
Saurabh Kumar S/o Uday Sharma R/o Village- Madhopur, P.S.- Maner,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha
Mr. Ashok Singh
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 01-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel appearing on behalf of the
petitioner Sri Amresh Kumar Sinha produces an order dated
18.06.2025 in Writ Petition (Civil) No.589 of 2025 (Nidhi
Kumari vs. the State of Bihar and others) of the Hon’ble
Supreme Court submitting that the said writ petition was filed
under Article 32 of the Constitution of India wherein Nidhi
Kumari had alleged that she was forcibly married to the
respondent no.4, despite she being a minor and her parents were
not supporting her and respondent no.4 and his family members
are pursuing her and her next friend. It is submitted that Nidhi is
the victim of the instant case and her next friend is the instant
Patna High Court CR. MISC. No.42292 of 2025(7) dt.01-05-2026
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petitioner Saurabh. It is further submitted that Hon’ble Supreme
Court has granted protection to Nidhi and her next friend i.e.
petitioner.
3. The learned A.P.P. for the State after perusing the
order of the Hon’ble Supreme Court does not oppose the said
submission.
4. The learned counsel for the petitioner thus seeks
permission to withdraw the instant anticipatory bail application
as petitioner for the present does not have any apprehension of
arrest with liberty to file afresh if need arises.
5. Permission is accorded.
6. Accordingly, instant petition is dismissed as
withdrawn, with the liberty aforesaid.
(Satyavrat Verma, J)
vikash/-
U T
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