Patna High Court
Priyanka KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The bail was not cancelled; the application for cancellation of bail was dismissed.
Summary
The petitioner, Priyanka Kumari, filed an application seeking cancellation of the bail granted to her husband (Opposite Party No.2) by the Patna High Court on 23 June 2025. The court examined the circumstances, noting that the marital dispute could be amicably resolved and both parties were willing to cohabit peacefully at the husband's posting in Dehri‑on‑Sone. It was observed that the husband’s transfer to Raipur, Chhattisgarh, was pending, and arrangements were discussed for the child’s custody depending on the husband’s location. The court emphasized that neither the in‑laws nor any third party should disturb the couple’s peaceful life, warning of adverse orders for any interference. Consequently, the application for cancellation of bail was dismissed and the matter disposed of.
Issues considered
- Whether the bail granted to the husband should be cancelled in view of the marital dispute.
Subjects
- bail cancellation
- marital dispute
- family law
- Criminal Miscellaneous
- Patna High Court
- application dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73040 of 2025
Arising Out of PS. Case No.-625 Year-2023 Thana- PATNA CITY CHOWK District- Patna
======================================================
Priyanka Kumari Wife of Sri Nagmani Kumar, D/o Sri Niranjan Singh Yadav
Resident of Village - Chhoti Sandalpur(Sharma Toli), P.S. - Kasim Bazar,
Dist. - Munger. At present residing at Ghasiyari Tola, P.S. - Chowk, Dist. -
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Nagmani Kumar S/O-Permanand prasad R/O--Chotti Sandalpur sharma toli
p.s- Kasim Bazar dist- munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, APP
For the State : Ms. Dr. Indiwar Kumari, APP
For the O.P. No.2 : Mr. Raj Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
8 13-02-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the opposite party
no.2.
2. The present application has been filed on behalf of
the petitioner for cancellation of bail granted to the opposite
party no.2 by this Court vide order dated 23.06.2025 passed in
Cr. Misc. No.10817 of 2024.
3. The parties to the proceedings have appeared along
with their counsels. After interacting with the petitioner (wife),
opposite party no.2 (husband) and father-in-law of the
petitioner, this Court finds that the issues between the parties
Patna High Court CR. MISC. No.73040 of 2025(8) dt.13-02-2026
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can still be resolved and the petitioner (wife) is ready to go
along with the opposite party no.2 (husband) from the Court
premises itself to Dehri-on-Sone where opposite party no.2 is
posted as of now and lead a peaceful conjugal life with her
husband without creating any ruckus either at the home or at the
work place of the opposite party no.2. It has also been informed
that the opposite party no.2 has been transferred to Raipur,
Chattisgarh, but has not been relieved as yet. Till the time the
opposite party no.2 is not relieved from Dehri-on-Sone, it is
expected that he would keep his wife along with him due
dignity and honor and in a situation when matter seems to be
settled between the parties and they are leading a stable life at
Dehri-on-Sone, then the child of the petitioner, who is presently
staying at Munger and residing with petitioner’s father-in-law,
would be handed over to the parents for his further upbringing
and education, but in a situation when the opposite party will
have to move on to Chattisgarh, the petitioner would go to
Munger and stay at her matrimonial house where she would also
get to stay along with her child. It is however made clear that
her in-laws would not in any manner disturb her peaceful stay in
the matrimonial house and in case, there is any such complaint
the same may lead to any adverse order. It is also expected that
Patna High Court CR. MISC. No.73040 of 2025(8) dt.13-02-2026
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parents of both the sides would not be interfering in the peaceful
marital life of the petitioner and the opposite party no.2.
4. With all the afore-mentioned observations and
directions, the present application for cancellation of bail stands
disposed of.
(Soni Shrivastava, J)
anand/-
U T
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