Patna High Court
Manjula DeviversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for cancellation of bail was dismissed, directing the petitioner to approach the trial court with a petition.
Summary
Manjula Devi filed an application seeking cancellation of the bail granted to Manish Kant Dubey in a case under Sections 498A/34 of the IPC and Section 3 of the Dowry Prohibition Act. The petitioner alleged that the accused had failed to comply with the bail order dated 19‑08‑2015 but did not approach the trial court to enforce the order. The Patna High Court examined whether the higher court could cancel bail on the basis of alleged non‑compliance without a petition before the lower court. The Court held that the petitioner must first move the concerned trial court with a proper petition. Consequently, the application for bail cancellation was disposed of, with a direction to the petitioner to file a petition in the lower court, which will be decided within three months of filing.
Issues considered
- Whether a higher court can cancel bail on the ground of alleged non‑compliance without a petition before the trial court
- Whether the petitioner’s failure to approach the lower court bars the cancellation of bail
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498A
Subjects
- bail cancellation
- Section 498A IPC
- Dowry Prohibition Act
- non‑compliance of bail order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4377 of 2016
Arising Out of PS. Case No.-23 Year-2015 Thana- MAHILA PS District- Gaya
======================================================
Manjula Devi D/o Anil Kumar Tiwari @ Anil Tiwari, Resident of Village -
Dumuhan Kalhaura, P.S. - Bodhgaya, District - Gaya.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Manish Kant Dubey, S/o Janardhan Dubey, Resident of Village - Dubey
Khaira, P.S. - Daudnagar, District - Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shri Prakash Tiwari
For the Opposite Party/s : Mr.Kumar Virendra Narayan App
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard the parties.
2. The present application has been filed for
cancellation of bail vide order dated 19.08.2015 passed in Cr
Misc. No. 37900 of 2015 passed in connection with Gaya
Mahila Thana P.S. Case No. 23 of 2015 registered for the
offence under Sections 498A/34 of the Indian Penal Code and
under Section ¾ of the Dowry Prohibition Act.
3. The ground taken by the petitioner is that the
opposite party no. 02 has not complied the order dated
19.08.2015 but the petitioner has not moved the Court below for
non-compliance of the order dated 19.08.2015.
4. In view of the above, this application is disposed of
Patna High Court CR. MISC. No.4377 of 2016(5) dt.13-03-2026
2/2
with a direction to the petitioner to move the concerned Court
below with a petition. If the petitioner files a petition then the
same shall be considered by the Court below and shall be
disposed of within 3 months from the date of its filing.
(Sandeep Kumar, J)
Vikas/-
U
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