Patna High Court
Sushila Devi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The application is dismissed as withdrawn and the interim protection is vacated, with the lower court directed to proceed.
Summary
The Patna High Court heard an application filed by petitioners seeking relief in Criminal Miscellaneous No.4700 of 2019. The petitioners, through counsel, elected to withdraw the application, requesting liberty to raise the grounds at a later stage. The Court allowed the withdrawal, dismissed the application as withdrawn, and vacated the interim protection previously granted to petitioners nos. 2, 3 and 4. The Court directed the lower court to continue proceedings in the matter and referenced the Supreme Court decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577 for guidance. A copy of the order was to be communicated to the Principal District and Sessions Judge, Patna.
Issues considered
- Whether the petitioners may withdraw the pending application and have the interim protection vacated?
Subjects
- withdrawal of application
- interim protection
- criminal procedure
- high court order
- vacating protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4700 of 2019
Arising Out of PS. Case No.-298 Year-2018 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Sushila Devi Late Akshay SinghResident of Village - Dhaka Shitalpatti,
Police Station - Chiraiya, District - Eas Resident of Village - Daulatpur, P.S.-
Koilwar, District - Bhojpur. At present resident of Mohalla- Patelnagar,
Maulabag Ara, P.S.- Ara Nawada, District- Bhojpur.
2. Manjit Kumar Singh Late Akshay Singh Resident of Village - Daulatpur,
P.S.- Koilwar, District - Bhojpur. At present resident of Mohalla- Patelnagar,
Maulabag Ara, P.S.- Ara Nawada, District- Bhojpur.
3. Ajit Kumar Singh Late Akshay Singh Resident of Village - Daulatpur, P.S.-
Koilwar, District - Bhojpur. At present resident of Mohalla- Patelnagar,
Maulabag Ara, P.S.- Ara Nawada, District- Bhojpur.
4. Sweety Devi @ Kumari Vandana Manjit Kumar Singh Resident of Village -
Daulatpur, P.S.- Koilwar, District - Bhojpur. At present resident of Mohalla-
Patelnagar, Maulabag Ara, P.S.- Ara Nawada, District- Bhojpur.
5. Sujeet Kumar Singh Late Akshay Singh Resident of Village - Daulatpur,
P.S.- Koilwar, District - Bhojpur. At present resident of Mohalla- Patelnagar,
Maulabag Ara, P.S.- Ara Nawada, District- Bhojpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Sandhya Singh Sujeet Kumar Singh resident of Village-Rukanpura, P.S.-
Salimpur, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-01-2026 Heard the parties including the learned APP for the
State Mr. Jharkhandi Upadhyay.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw this
application with a liberty to raise all the grounds at an
Patna High Court CR. MISC. No.4700 of 2019(5) dt.20-01-2026
2/2
appropriate stage.
3. If any application is filed by the petitioners, raising
the grounds then the Court below will consider the same and
will pass a reasoned order in light of the judgment of the
Hon’ble Supreme Court in the case of Kanchan Kumar Vs.
State of Bihar reported in (2022) 9 SCC 577.
4. Accordingly, this application is dismissed as
withdrawn and the interim protection granted to the petitioner
nos. 2, 3 and 4 vide order dated 18.03.2025 is hereby vacated
and the concerned Court below is directed to proceed in this
case.
5. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Patna through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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