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Patna High Court

KanupriyaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the contempt application and dismissed the petition with liberty to approach the police.

Summary

The petitioner, Kanupriya, sought permission to withdraw a contempt application and requested liberty to approach the Superintendent of Police regarding the alleged absconding status of O.P. No.2, who had obtained anticipatory bail but failed to surrender. The learned counsel argued for withdrawal and for the court to allow the petitioner to file a separate application with the police. Justice Satyavrat Verma granted the request to withdraw the contempt application and permitted the petitioner to approach the police. Consequently, the petition was dismissed with the liberty granted. No substantive merits of the contempt claim were adjudicated.

Issues considered

  • Whether the petitioner may be allowed to withdraw the contempt application pending before the court
  • Whether the court can grant liberty to the petitioner to file an application before the Superintendent of Police concerning the alleged absconding of O.P. No.2

Subjects

  • contempt of court
  • withdrawal of petition
  • anticipatory bail
  • absconding accused
  • police duty
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.172 of 2026
                                                   In
                            CRIMINAL MISCELLANEOUS No.9656 of 2023
                 ======================================================
                 Kanupriya, Wife of Late Siddharth Singh, Resident of Gyan Ganga Trade
                 Centre, New Bypass, Chamanchak, P.S.- Ram Krishna Nagar, District- Patna-
                 800027.
                                                                        ... ... Petitioner/s
                                                 Versus

           1.    The State of Bihar
           2.    Kundan Kumar Pathak, Son of Hriday Pathak Resident of Village- Jagri Tola
                 (Near Gahri Chowk), P.S.- Paharpur, District- East Champaran, Motihari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mrs. Sushmita Sharma, Advocate
                                               Mr. Abhishek Anand, Advocate
                 For the Opposite Party/s :    Dr. Md. Raisul Haque, SC-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-04-2026                   Heard learned counsel for the petitioner and learned

                   AC to SC 10.

                                 2. The learned counsel for the petitioner, after some

                   argument, seeks permission to withdraw the contempt

                   application with liberty to the petitioner to file an application

                   before the concerned Superintendent of Police bringing to his

                   notice that O.P. No. 2 after seeking anticipatory bail by an order

                   dated 23.07.2024 in Cr. Misc. No. 9656 of 2023 has not

                   surrendered and thus is absconding and police is not making

                   endeavour to arrest him.

                                 3. Permission is accorded.

                                 4. Accordingly, the instant petition is dismissed as
            Patna High Court MJC No.172 of 2026(3) dt.17-04-2026
                                                        2/2




                      withdrawn with the liberty aforesaid.


                                                (Satyavrat Verma, J)
khushbu/-

U


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