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Patna High Court

Sati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to approach the other court and disposed of the present application.

Summary

Sati Devi filed a petition seeking the withdrawal of her application so that she could approach the court that had granted anticipatory bail to the accused, alleging threats and fraud. The petitioner argued that the matter should be dealt with in the other court where the bail was granted. The Patna High Court considered the request and, recognizing the procedural appropriateness, granted her liberty to approach the concerned court for redress. The Court directed that any subsequent application filed there would be decided according to law. Consequently, the present application was disposed of, with the petitioner allowed to seek relief in the other forum.

Issues considered

  • Whether the petitioner may withdraw the present application and approach the court that granted anticipatory bail to the accused for cancellation of that bail

Subjects

  • anticipatory bail
  • withdrawal of application
  • procedural liberty
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51940 of 2025
                       Arising Out of PS. Case No.-93 Year-2024 Thana- TELHARA District- Nalanda
                 ======================================================
                 Sati Devi wife of Ram Vinod Prasad Village -Shiv Shankarpur post-
                 Mandachh, PS- Telhara District -Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Santosh Kumar son of Satyendra Prasad Village -Shiv Shankarpur, PS-
                 Telhara District -Nalanda
           3.    Satyendra Prasad Son of Late Baliram Prasad Village -Shiv Shankarpur , PS-
                 Telhara District -Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application in

                   order to approach the learned Court concerned which has

                   anticipatory bail to the opposite parties no. 2 and 3 as the

                   ground for cancellation primarily relates to threatening the

                   petitioner and that of some fraud played before the Court. With

                   regard to such grounds, the desirable course would be to move

                   before the concerned Court which has granted privilege of

                   anticipatory bail to the opposite parties no.2 and 3.
              Patna High Court CR. MISC. No.51940 of 2025(3) dt.19-01-2026
                                                          2/2




                                     3. In such view of the matter, the petitioner is granted

                        liberty to approach the learned Court concerned for redressal of

                        his grievance by way of filing an application and in case, if such

                        an application is filed, the same would be disposed of by the

                        learned Court concerned in accordance with law.

                                     4. With the aforesaid liberty, this application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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