Bibi Amrin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39528 of 2026 Arising Out of PS. Case No.-97 Year-2025 Thana- PANJWARA District- Banka ====================================================== Bibi Amrin W/O Intsar Alam R/O Village- Choti Mohani, P.S.- Panjwara, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Md. Imtsar Alam @ Intsar S/O Md Narul R/O Village- Choti Mohani, P.S.- Panjwara, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Shahbaz Yusuf, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present application has been filed seeking cancellation of the anticipatory bail granted to Opposite Party no. 2 vide order dated 18.02.2026 passed in A.B.P. No. 1292 of 2025 arising out of Panjwara P.S. Case No. 97 of 2025, registered under Sections 126(2), 115(2), 85, 351(2) and 3(5) of the B.N.S. and Sections 3/ 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the anticipatory bail granted to the O.P. no. 2 is illegal as it is passed without considering the fact that triple talaq was pronounced by O.P. No. 2 is illegal.

Patna High Court CR. MISC. No.39528 of 2026(2) dt.14-07-2026 2/2

4. From perusal of the records, it appears that there was no representation on behalf of the petitioner of the aforesaid ground at the time of consideration of bail.

5. In view of the aforesaid submission, this application stands dismissed with liberty to the petitioner to approach the concerned learned District and Additional Sessions Judge, who had granted anticipatory bail to O.P. No. 2, by filing an appropriate application on the aforesaid ground.

6. Accordingly, the present application is dismissed with the aforesaid liberty.

7. If such an application is filed, the same shall be considered and decided by the concerned learned District and Additional Sessions Judge, in accordance with law, within a period of one month from the date of its filing, after affording an opportunity of hearing to all concerned parties. In the event of non-cooperation by any party, the learned District and Additional Sessions Judge shall be at liberty to proceed ex parte in accordance with law.

(Sandeep Kumar, J) tusharika/- U T