Rama Kumari @ Vibha Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rama Kumari @ Vibha Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed as withdrawn, with liberty to the petitioner to apply to the Court below itself for cancellation of O.P. No. 2's bail on the ground stated; any such application to be considered and disposed of in accordance with law within one month of filing; copy of the order to be communicated to the Principal District & Sessions Judge, Madhubani through FAX or e-mail for immediate compliance.

Issue for consideration

Whether the application for cancellation of regular bail, pressed on the sole ground that false submissions were made before the court below to obtain bail, should be entertained by this Court or pursued before the court below itself.

Ratio / Principle

Application dismissed as withdrawn, with liberty to the petitioner to move before the Court below itself for cancellation of the bail granted to O.P. No. 2 on the ground mentioned in the present application.

Key takeaways

If the petitioner files such a cancellation application before the Court below, it shall be considered and disposed of by that Court in accordance with law within one month of its filing.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), Criminal Miscellaneous No. 28485 of 2026, decided 14-07-2026: Petitioner sought cancellation of the regular bail granted to Opposite Party No. 2 (Lalan Sahni) by the learned District & Additional Sessions Judge-IV, Madhubani, on 18.12.2025 in Regular Bail Application No. 788 of 2025, in connection with Complaint Case No. 1121(C) of 2023 instituted under Section 498(A) of the Indian Penal Code, arising out of PS Case No. 1121 of 2023, Thana Madhubani. The application was pressed solely on the ground that false submissions were made before the Court below to obtain bail. The High Court dismissed the application as withdrawn with liberty to the petitioner to move the Court below itself for cancellation of bail on that ground, and directed that any such application be considered and disposed of by the Court below in accordance with law within one month of its filing; a copy of the order was directed to be communicated to the Principal District & Sessions Judge, Madhubani through FAX or e-mail for immediate compliance.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28485 of 2026

Arising Out of PS. Case No.-1121 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

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

Rama Kumari @ Vibha Kumari C/O Sita Ram Sahni R/o - Izra, Ward No.06, P.S - Rahika, District - Madhubani, Bihar

... ... Petitioner/s

Versus

The State of Bihar Bihar

Lalan Sahni S/O Late Ram Bharosh Sahni R/O Vill.- Malangiya, P.S- Rahika , Dist- Madhubani, Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr.Sanjay Kumar Jha For the Opposite Party/s : Mr.Umanath Mishra ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 14-07-2026 Heard the learned counsel for the petitioner and the

learned counsel for the State.

2 . This application has been filed for cancellation of the order dated 18.12.2025 passed by the learned District & Additional Sessions Judge-IV, Madhubani, in Regular Bail Application No. 788 of 2025, whereby Opposite Party No. 2 was granted the privilege of regular bail in connection with Complaint Case No. 1121(C) of 2023, instituted under Section 498(A) of the Indian Penal Code.

3 . The present application has been pressed on the ground that false submission was made in the Court below for obtaining bail.

Patna High Court CR. MISC. No.28485 of 2026(2) dt.14-07-2026 2/2

4 . In these circumstances, this application is dismissed as withdrawn with liberty to the petitioner to move before the Court below itself for cancellation of bail granted to the O.P.

No. 2 on the ground mentioned in the present application.

5 . If such an application is filed, the same shall be considered and disposed of by the Court below in accordance with law within one month of its filing.

6 . Let a copy of this order be communicated to the Principal District & Sessions Judge, Madhubani through FAX or e-mail for immediate compliance.

(Sandeep Kumar, J)

Shishir/-