Dismissed¶¶20

Arti Kumari v. The State of Bihar

Patna HC16 Jan 2026CR. MISC./2798/2025

Case brief

AI extract

What is this about?

Cancellation of anticipatory bail; parameters for cancellation of bail versus grant of bail; very cogent and overwhelming circumstances required to cancel bail once granted; Section 498A IPC; matrimonial discord; failed mediation/reconciliation between spouses; Dulhin Bazar P.S. Case No. 282 of 2023; A.B.P. No. 843 of 2024; order dated 13.11.2024; Additional Sessions Judge-III, Danapur, Patna; Patna High Court; Criminal Miscellaneous No. 2798 of 2025; Justice Soni Shrivastava; application rejected/dismissed.

What did the court decide?

Parameters of consideration for allowing a prayer for cancellation of bail stand on a different level than for grant of bail; very cogent and overwhelming circumstances are required for cancelling bail once granted (settled law applied by the Court). ¶¶18

Arti Kumari Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2798 of 2025

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Arising out of PS. Case No.-282 Year-2023 Thana- DULHIN BAZAR District- Patna

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======================================================

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Arti Kumari, W/o Avinash Kumar @ Avinash Kumar Verma, Resident of Village- Rakasia, P.S.- Dulhin Bazar, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Avinash Kumar @ Avinash Kumar Verma, S/o Ram Prasad Mahto, Resident of Village- Lala Bhadsara, P.S.- Dulhin Bazar, District- Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. S.K. Lal, Sr. Advocate Mr. Satish Kumar Sinha, Advocate For the State : Mr. Anand Kishore Choudhary, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 16-01-2026 Heard Mr. S.K. Lal, learned senior counsel for the pe-

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titioner and learned APP for the State.

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The present application for cancellation of anticipatory bail has been filed against the order dated 13.11.2024 passed by the learned Court of Additional Sessions Judge-III, Danapur, Patna in A.B.P. No. 843 of 2024 in connection with Dulhin Bazar P.S. Case No. 282 of 2023 whereby and whereunder anticipatory bail was granted to the opposite party no. 2.

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It has been argued by learned senior counsel for the petitioner that the case was registered under Section 498 A IPC and the petitioner being the husband had earlier entered into a mediation proceeding wherein he had agreed to take his wife

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Patna High Court CR. MISC. No.2798 of 2025(4) dt.16-01-2026 2/3

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along with him at his place of job with promise to keep her with full dignity and honour. The matter came up again before the mediation centre and vide Annexure-P3, which is the mediation report dated 22.08.2025, it was recorded that they were staying together peacefully as husband and wife, whereafter the couple was to report after 40 days. The mediation report dated 30.09.2024 (Annexure-4) however indicates that the parties were unable to stay together and the husband had virtually refused to stay with his wife, as such the mediation proceedings between the parties had failed.

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Taking into consideration the fact that the order dated 13.11.2024 granting anticipatory bail to the petitioner is a well-considered order considering the outcome of the mediation proceeding and considering that it is a case of matrimonial discord between the parties, I see no good reason to interfere with the order of the anticipatory bail granted to the Opposite Party No. 2 by the learned Court concerned in view of the settled law that parameters of consideration for allowing the prayer for cancellation of bail stands on a different level than that of granting bail and that very cogent and overwhelming circumstances are required for cancelling the bail once granted. In absence of any such overwhelming circumstances and even taking note of the

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Patna High Court CR. MISC. No.2798 of 2025(4) dt.16-01-2026 3/3

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efforts taken towards reconciliation, which eventually failed despite the efforts made by the O.P. No. 2 also, the present application for cancellation of anticipatory bail granted to O.P. No. 2

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stands rejected.

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(Soni Shrivastava, J)

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Vikash/-

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U T

Arti Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arti Kumari v. The State of Bihar

Case brief

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