Patna High Court

Gudiya Devi @ Muskan @ Gudiya @ Gudiya KumariversusThe State of Bihar

Decided: 9 February 2026
Disposal: WITHDRAWN
Bench: CHANDRA SHEKHAR JHA

Holding

The petition is dismissed with liberty to file a modification petition.

Summary

The petitioner, Gudiya Devi, filed a criminal miscellaneous petition before the Patna High Court. After hearing, the petitioner’s counsel sought to withdraw the petition and requested liberty to file a modification petition under the earlier order dated 01.05.2025. The Court considered the request and allowed the withdrawal. Consequently, the present petition was dismissed. The Court granted the petitioner liberty to file a modification petition in the future.

Issues considered

Whether the petitioner may withdraw the criminal miscellaneous petition and be granted liberty to file a modification petition

Subjects

petition withdrawal
criminal miscellaneous
modification petition
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9564 of 2026
                      Arising Out of PS. Case No.-358 Year-2024 Thana- BAHADURPUR District- Patna
                  ======================================================
                  Gudiya Devi @ Muskan @ Gudiya @ Gudiya Kumari W/o Prabhu Ram, D/o
                  Sri Sukhan Saw R/o- 5, Ambedkar Colony, Behind Vaishali Cinema, East
                  Lohanipur, Khadpar, P.O. and P.S.- Kadamkuan, Dist.- Patna- 800003
                                                                              ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Shashi Ranjan Sinha
                  For the Opposite Party/s :      Mr.Braj Kishore Pd.(App)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

2    09-02-2026                  After short argument, learned counsel for the petitioner

                    seeks to withdraw present petition with liberty to file modification

                    petition in order dated 01.05.2025 as passed in Cr. Misc. No.

                    88586 of 2025 by this Court.

                                 2. Request allowed.

                                 3. Accordingly present petition stands dismissed,

                    however with aforesaid liberty.


                                                         (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T

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