Patna High Court
Kumari Sandhya SumanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The anticipatory bail granted to the husband is not cancelled.
Summary
Kumari Sandhya Suman filed an application seeking the cancellation of the anticipatory bail granted to her husband, Ajit Kumar, by a coordinate bench of the Patna High Court. The petitioner argued that the bail should be set aside in view of ongoing criminal proceedings. The respondent counsel informed the court that the parties have mutually compromised and have filed a mutual‑consent divorce petition under Section 13B of the Hindu Marriage Act in the Family Court, which is currently in the cooling‑off period. The court held that there was no justification to interfere with the anticipatory bail, directing the parties to cooperate in concluding the divorce proceedings and allowing the petitioner to seek cancellation again if any grievance arises. Consequently, the application was disposed and the bail remained in force.
Issues considered
- Whether the anticipatory bail granted to the husband should be cancelled in view of the pending mutual‑consent divorce proceedings.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13B
Subjects
- anticipatory bail
- cancellation
- mutual consent divorce
- Hindu Marriage Act
- family court
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69015 of 2024
Arising Out of PS. Case No.-1515 Year-2017 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Kumari Sandhya Suman Wife of Ajit Kumar @ Ajeet Kumar R/V- Vilalge-
Jadua, P.S.- Hajipur Town, Distt.- Vaishali and at present residing at Daughter
of Anant Kumar Prasad @ Anant Prasad, Village- lawapur, Word-13, P.S.-
Mahnar, Distt.- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ajit Kumar @ Ajeet Kumar Son of Mangal Bhakta @ Mangal Bhagat R/V-
Vilalge- jadua, P.S.- Hajipur Town, Distt.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
For O.P. No.2 : Mr. Prakash Chandra Agrawal, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 12-01-2026 Heard learned counsel for the petitioner, learned
APP of the State and learned counsel for the opposite party no.2.
2. The petitioner has filed the present application
seeking cancellation of anticipatory bail granted to opposite
party no. 2 by a co-ordinate Bench of this Court vide order
dated 29.03.2019 passed in Cr. Misc. No. 6106 of 2019, with
certain conditions of payment of amount subject to any
maintenance proceedings.
3. Learned counsel for the opposite party no.2 has
pointed out that the subsequent stage of the case is that parties
have compromised the matter finally amongst themselves and a
Patna High Court CR. MISC. No.69015 of 2024(5) dt.12-01-2026
2/2
mutual consent divorce petition, under Section 13B of the Hindu
Marriage Act, has already been filed in the Family Court,
Hajipur. The matter has been heard and subsequently adjourned,
granting the statutory cooling-off period to the parties.
4. In view of the aforesaid, this Court finds no reason
to interfere with the anticipatory bail granted to opposite party
No. 2. However, it is expected that both parties shall cooperate
to bring the divorce proceedings to its logical end and in the
event of any grievance, the petitioner shall have the liberty to
renew his prayer for cancellation of the bail granted to opposite
party no. 2.
5. The application stands disposed of.
(Soni Shrivastava, J)
Harsh/-
U T
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