Patna High Court
Nitu KumariversusThe State of Bihar through the District Magistrate, Patna
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
Judicial orders of criminal courts are not amenable to writ jurisdiction under Articles 226 and 227 of the Constitution of India.
Summary
Petitioner Nitu Kumari filed a writ petition seeking to quash an order dated 31.01.2026 of the Additional Sessions Judge which denied bail to her husband and directed her to vacate the marital home. The petition was filed under Articles 226 and 227 of the Constitution of India. The Court examined Supreme Court precedents (Neeta Singh v. State of Uttar Pradesh and Shalini Shyam Shetty v. Rajendra Shankar Patil) which hold that judicial orders of criminal courts are not amenable to writ jurisdiction under Articles 226/227. The Court also noted that the relevant Patna High Court Rules do not assign criminal miscellaneous petitions under Article 227 to the present bench. Consequently, the Court allowed the petitioner’s request to convert the writ petition into an appropriate petition, granting a three‑week period for conversion and directing the office to cooperate.
Issues considered
- Whether a criminal judicial order denying bail and directing a spouse to leave the marital home is amenable to writ jurisdiction under Article 226 of the Constitution.
- Whether Article 227 can be invoked to entertain a criminal miscellaneous petition against such an order.
- Whether the petition can be converted into a different appropriate petition under the Patna High Court Rules.
Legislation cited
- Constitution of India — s. Article 226, Article 227
Subjects
- writ jurisdiction
- Article 226
- Article 227
- criminal miscellaneous petition
- conversion of petition
- bail denial
- marital home
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.451 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- MAHILA P.S. District- Patna
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Nitu Kumari D/o- Raj Kumar Singh R/o- Shekhdumari VTC Gopalpur PO-
Gopalpur Sub Distt- Sonepur, Saran, A/P- East Lohanipur, Kashi Nath Lane,
Allawalpur House, kadamkuan Ps- Kadamkuan Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Patna Bihar
2. The District Magistrate, Patna Bihar
3. The Superintendent of Police, Patna Bihar
4. The Station House Officer, Kadamkuan Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Adya Pandey, Advocate
Mr.Manas Rajdeep, Advocate
For the Respondent/s : Mr.G.P. 7
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 25-02-2026 The petitioner has approached this Court for
quashing the part of the order dated 31.01.2026 passed by
learned Additional Sessions Judge-XXX, Patna in ABP
No.4713/2025, arising out of Mahila P.S. Case No. 72/2025
whereby and whereunder while passing the order rejecting the
prayer for bail of the husband of the petitioner, the learned trial
court has directed the petitioner/daughter-in-law to leave her
marital home.
02. Apparently, the petitioner has approached this
Court assailing a judicial order in writ jurisdiction under
Articles 226 and 227 of the Constitution of India.
Patna High Court CR. WJC No.451 of 2026(2) dt.25-02-2026
2/3
03. The Hon’ble Supreme Court in the case of Neeta
Singh & Ors. Vs. The State Of Uttar Pradesh & Ors. in
Special Leave to Appeal (Crl.) No(s). 13578/2024 has held that
the judicial orders of the civil court are not amenable to writ
jurisdiction under Article 226 of the Constitution. So far as
filing of the writ petition under Article 227 of the Constitution
of India is concerned, the Hon'ble Supreme Court in the case of
Shalini Shyam Shetty Vs.Rajendra Shankar Patil, (2010)8
SCC 329 has also made it clear that under Article 227 of the
Constitution of India no writ could be entertained. So, criminal
writ petition under Articles 226 and 227 of the Constitution
against a judicial order would not lie. Further, Part A Chapter
XII Rule 3 Sub Rule (iii) and (v) of Patna High Court Rules
provides for filing a petition under Article 227 of the
Constitution of India as criminal miscellaneous petition and the
said roster of criminal miscellaneous petition under Article 227
of the Constitution of India has not been assigned to this Bench.
04. At this stage, learned counsel for the petitioner
seeks permission to convert the present petition into appropriate
petition.
05. Permission is accorded.
06. Learned counsel for the petitioner is permitted to
Patna High Court CR. WJC No.451 of 2026(2) dt.25-02-2026
3/3
convert the present petition into appropriate petition within three
weeks
07. Office is directed to extend all cooperation
towards conversion.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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