Patna High Court
SHILPI KUMARIversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of provisional bail is premature and must be dismissed.
Summary
Shilpi Kumari, the informant, filed an application before the Patna High Court seeking cancellation of the provisional bail granted to Dharampal Kumar by the Chief Judicial Magistrate, Bihar Sharif. Earlier, the High Court had directed that the informant appear before the magistrate to state whether she was willing to live with the accused, and the bail was conditioned on her appearance. The informant instead approached the High Court without appearing before the magistrate, prompting the Court to deem the application premature. Justice Soni Shrivastava held that the proper forum for the informant to voice her grievance is the court where the bail is pending. Consequently, the application for cancellation of bail was dismissed, with a direction that the informant appear before the lower court for a hearing.
Issues considered
- Whether the High Court can entertain an application for cancellation of provisional bail when the informant has not appeared before the court where the bail is pending
- Whether the application for cancellation of provisional bail is premature
Subjects
- bail
- provisional bail
- cancellation of bail
- informant
- premature application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51964 of 2023
Arising Out of PS. Case No.-2 Year-2022 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Shilpi Kumari Wife Of Dharampal Kumar And D/O Vinod Kumar Singh @
Vinod Prasad Resident Of Village- Bhatu Bigha, Po And Ps- Ben, Dist-
Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dharampal Kumar Son Of Shishupal Prasad Resident Of Village- Chainpur,
Po Jaitpur, Ps- Chandi, Dist- Nalanda At Present Mohalla- Kamruddinganj,
Ps- Laheri, Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binoy Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 12-01-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the opposite party
no.2, who has already filed his vakalatnama online.
2. The petitioner has sought for cancellation of
provisional bail granted to the opposite party no.2 vide order
dated 26.05.2026 passed by learned Chief Judicial Magistrate,
Bihar Sharif, Nalanda.
3. Earlier by an order dated 04.05.2023 passed by a
Co-ordinate Bench of this Court (Annexure-1), it was directed
that the present opposite party no.2, who was petitioner no.2
therein, would surrender before the concerned Court and seek
regular bail and the Court below was directed to summon the
opposite party no.2 (informant) to seek her desire as to whether
she was willing to live along with the opposite party no.2 and if
Patna High Court CR. MISC. No.51964 of 2023(3) dt.12-01-2026
2/2
the opposite party no. 2 (petitioner no.2 therein) desired not to
live with her, it would not be proper for him to be released and
with such observations, the bail application had been disposed
of. The order sheet shows that the opposite party no.2
surrendered and filed bail petition and by the impugned order
dated 26.05.2023, the provisional bail was granted to the
opposite party no.2 till the appearance of the informant. Instead
of appearing before the learned Court concerned, the informant
has filed the present application for cancellation of bail before
this Court which is not the proper and desirable course. It is
directed that the informant should appear before the Court
concerned where the provisional bail of the opposite party no.2
is pending in order to ventilate her stand and grievance.
4. In such view of the matter, the present
application, seeking cancellation of provisional bail granted to
the opposite party no.2, is a premature application and is fit to
be dismissed. However, once the petitioner (informant) appears
before the Court concerned in the bail proceeding of the
opposite party no.2, she shall be duly heard and the order shall
be passed in accordance with law.
(Soni Shrivastava, J)
anand/-
U T
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