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Patna High Court

Nira DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The court allowed the withdrawal of the cancellation application and dismissed the petition as withdrawn.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 The court permitted the withdrawal, dismissed the petition as withdrawn, and dispensed with the personal appearance of the parties.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
               Patna High Court CR. MISC. No.89961 of 2024(6) dt.16-01-2026
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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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