Patna High Court

MALA SINHAversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The Court allowed the petitioner to withdraw the application.

Summary

Mala Sinha filed an application before the Patna High Court seeking permission to withdraw that application so that she could approach another court which had granted anticipatory bail to the opposite party, Suryadev Kumar, on the ground that she was being threatened. The petitioner argued that the anticipatory bail order adversely affected her and that the appropriate remedy lay with the other court. The State of Bihar opposed the withdrawal. The learned counsel for the petitioner requested liberty to withdraw the present application. The Court, after hearing both sides, granted the petitioner liberty to withdraw the application and disposed of the matter.

Issues considered

Whether the petitioner may be permitted to withdraw the present application in order to approach another court

Subjects

anticipatory bail
withdrawal of application
threat
criminal miscellaneous
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.75704 of 2025
                       Arising Out of PS. Case No.-106 Year-2024 Thana- MAHILA P.S. District- Patna
                  ======================================================
                  MALA SINHA W/o Suryadev Kumar R/o Vill. - Maniyari, Post - Nauru
                  Kako, Jehanabad Maniyari, P.S. - Kako, Dist. - Jehanabad, presently residing
                  at Mohalla - Bakarganj, Gola Road, P.S. - Pirbahor, Patna.
                                                                             ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar
            2.     Suryadev Kumar Son of Sant Prasad R/o Vill. - Maniyari, Post - Nauru Kako
                   Jehanabad Maniyari, P.S. - Kako, Dist. - Jehanabad.
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Shamir Mehra, Advocate
                  For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    06-01-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw the present application

                    in order to move before the learned Court concerned who had

                    granted anticipatory bail to opposite party no.2 as he is urging a

                    ground of threatening having been given to the petitioner and as

                    such the desirable course would be to move before the learned

                    Court concerned.

                                 3. With the liberty aforesaid, this application is

                    disposed of.


                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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