Patna High Court
Nira DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of the cancellation application and dismissed the petition as withdrawn.
Summary
Nira Devi, the wife of Bibhay Singh, filed a criminal miscellaneous petition seeking cancellation of the anticipatory bail that had been granted to her husband on 12 July 2023. The petition was based on the husband's alleged failure to pay the monthly maintenance of Rs.4,000 ordered by the court on 1 December 2023. The husband later cleared most of the arrears, leaving only Rs.11,000, and agreed to resume the maintenance payments from January 2026. The petitioner’s counsel then moved to withdraw the cancellation application, arguing that continued pendency would serve no useful purpose. The court permitted the withdrawal, dismissed the petition as withdrawn, and dispensed with the personal appearance of the parties.
Issues considered
- Whether anticipatory bail granted to the husband can be cancelled on the ground of non‑payment of maintenance
- Whether the petitioner may withdraw the application for cancellation of anticipatory bail
Subjects
- anticipatory bail
- cancellation of bail
- maintenance
- marital dispute
- Criminal Procedure Code
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89961 of 2024
Arising Out of PS. Case No.-229 Year-2018 Thana- SAHPUR District- Patna
======================================================
Nira Devi, Wife of Vibhya singh Resident of Village- Nargadha, P.S.-
Sherpur, District- Patna, presently residing at Mira Devi D/O- Parmanand
Singh Resident of Durga Lane Shekhpura, P.S.- Shastri Nagar, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bibhay Singh @ Bibhay Singh @ Vibhay Singh @ Vibhay Kumar Son of
Ragho Singh Resident of Village- Nargoda, P.S.- Sahpur, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Chandra
For the Opposite Party/s : Ms. Madhuri Lata
Mr. Niranjan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 16-01-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the opposite party no.2.
2. The petitioner and the opposite party no.2 in
compliance of the order dated 01.08.2025 are present in the
Court.
3. It is next submitted that the case was taken up on
19.12.2025, but then on the said date, the case could not be
heard. It is next submitted that opposite party no.2 herein had
initially approached this Court seeking anticipatory bail by
filing Cr. Misc. No.28265 of 2022 and the same was allowed by
an order dated 12.07.2023 as opposite party no.2 herein and
Patna High Court CR. MISC. No.89961 of 2024(6) dt.16-01-2026
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petitioner herein were willing to resume their conjugal
relationship. It is submitted that petitioner herein was given
liberty to file an application seeking cancellation of anticipatory
bail granted to the opposite party no.2 herein provided the
opposite party no.2 does not keep her with honour and dignity.
Accordingly, petitioner herein earlier filed Cr. Misc. No.63777
of 2023 seeking cancellation of anticipatory bail granted to the
opposite party no.2 herein by order dated 12.07.2023 in Cr.
Misc. No.28265 of 2022. It is submitted that in Cr. Misc.
No.63777 of 2023, the opposite party no.2 took a stand that
petitioner herein does not intend to stay with him, as such, he is
willing to pay a monthly maintenance of Rs.4,000/-, as such, Cr.
Misc. No.63777 of 2023 was allowed by an order dated
01.12.2023, since opposite party no.2 herein was willing to pay
a monthly maintenance. It is submitted that opposite party no.2
herein was not paying the monthly maintenance in terms of
order dated 01.12.2023 in Cr. Misc. No.63777 of 2023, as such,
the instant cancellation application has been filed.
4. The learned counsel appearing on behalf of the
petitioner herein submits that opposite party no.2 has cleared the
dues and a meager amount of Rs.11,000/- is left, on which the
petitioner herein, who is present in the Court asserts and submits
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that he has already cleared all the dues of the petitioner herein
and now, the opposite party no.2 is liable to pay Rs.4,000/- from
the month of January, 2026 onwards.
5. At this stage, the learned counsel for the petitioner
herein submits that since opposite party no.2 is paying the
amount, as such, no useful purpose would be served by keeping
the cancellation application pending, thus seeks permission to
withdraw the present cancellation application.
6. Permission is accorded.
7. Accordingly, instant petition is dismissed as
withdrawn.
8. The personal appearance of petitioner and opposite
party no.2 is dispensed with.
(Satyavrat Verma, J)
vikash/-
U T
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