Patna High Court
Simran KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail was dismissed, as the alleged threats did not constitute a sufficient ground to overturn the well‑considered bail order.
Summary
Simran Kumari filed an application seeking cancellation of the anticipatory bail granted to her husband Rohit Kumar, alleging that after bail he threatened her to withdraw the case and proceed with divorce. The petition argued that such supervening circumstances warranted revocation of the bail. The Patna High Court examined the grounds and held that the anticipatory bail order dated 29.07.2024 was well‑considered and could not be interfered with on the basis of alleged pressure. The Court observed that mere anticipation of pressurising the petitioner is not a tenable ground for cancellation, though it noted that if actual threats are proven, a fresh application may be filed before the court that granted bail. Consequently, the application for cancellation was dismissed.
Issues considered
- What is the appropriate legal test for cancelling an anticipatory bail order on the ground of alleged threats or pressure by the accused?
- Whether the mere anticipation of pressurising the petitioner to withdraw the case constitutes a valid ground for revoking anticipatory bail.
Subjects
- anticipatory bail
- cancellation
- threats
- supervening circumstances
- Criminal Procedure Code
- High Court
- divorce
- pressurisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73075 of 2024
Arising Out of PS. Case No.-970 Year-2023 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Simran Kumari Wife of Rohit Kumar, Daughter of Sanjay Saw Resident of
Village - Sarna Toli, Shanti Nagar, Chatakpur, Police Station - Ratu, District -
Ranchi (Jharkhand), at present resident of Village - Beech Bazar Rajauli,
Police Station - Rajauli, District - Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rohit Kumar Son of Shyam Babu Resident of Village - Sarna Toli, Shanti
Nagar, Chatakpur, Police Station - Ratu, District - Ranchi (Jharkhand)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kshem Sharma, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 12-01-2026 Heard learned counsel for the petitioner and learned
APP of the State.
2. The petitioner has filed the present application
seeking cancellation of anticipatory bail granted to opposite
party no. 2 by the learned Addl. District and Sessions Judg-V,
Nawada vide order dated 29.07.2024 in A.B.P. No.1359 of 2024.
3. Upon perusal of petition, the grounds for
cancellation of anticipatory bail to the opposite party no.2,
which appear to be urged on behalf of petitioner is the
supervening circumstances of threats being given by the
opposite party no.2 to the petitioner after granting of bail and is
Patna High Court CR. MISC. No.73075 of 2024(4) dt.12-01-2026
2/2
allegedly attempting to pressurize him to withdraw the present
case and proceed with divorce.
4. The impugned order dated 29.07.2024 passed by
the learned Court concerned is well considered order, based on
substantial reasons, as such, this Court is not inclined to
interfere with the impugned order and the application is
dismissed.
5. So far as the ground relating to the anticipation of
pressurizing the petitioner to withdraw the case is concerned, the
same cannot be said to be tenable in law. However, in case the
ground of supervening circumstance in form of threatening etc.
being given by the opposite party no.2 to the petitioner actually
exists, the petitioner always has liberty to file an application
urging such ground before the learned Court concerned which
had granted the privilege of anticipatory bail.
(Soni Shrivastava, J)
Harsh/-
U T
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