Rita Devi @ Reeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2465 of 2024 Arising Out of PS. Case No.-74 Year-2022 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Rita Devi @ Reeta Devi Wife Of Anil Kumar R/O Village- Kolharbigha, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Gaya Paswan Son Of Late Jogeshwar Paswan R/O Village- Kolharbigha, P.S.- Barbigha, District- Sheikhpura 3.

Tanik Paswan Son Of Late Jogeshwar Paswan R/O Village- Kolharbigha, P.S.- Barbigha, District- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Roop Kishan For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-07-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present application has been filed on behalf of the petitioner seeking cancellation of the bail bonds of Opposite Party Nos. 2 and 3 in connection with Mahila P.S. Case No. 74/2022, registered for offences punishable under Sections 341, 323, 354(B), 504 and 506 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act. It is pertinent to mention that Opposite Party Nos. 2 and 3 were granted regular bail vide order dated 13.07.2023 passed by the Learned Additional District and Sessions Judge-VI, Sheikhpura, in connection with POCSO Case No. 67/2022.

3. After some argument, the learned counsel for the

Patna High Court CR. MISC. No.2465 of 2024(2) dt.24-07-2026 2/2 petitioner seeks permission to withdraw this application to move before the learned Court below by filing an application for cancellation of bail on the grounds mentioned in the present application.

4. Permission, as prayed, is granted.

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 Accordingly, this application is dismissed as withdrawn with liberty to the petitioner to move before the Court below itself for cancellation of bail granted to the O.P. No. 2 on the ground mentioned in the present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

6. If any such application is filed, the same shall be considered and disposed of by the Court below in accordance with law within two months of its filing.

7. It is made clear that this Court has not expressed any opinion on the merits of the rival claims of the parties, and all issues are left open for consideration by the learned Court below in accordance with law.

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

(Sandeep Kumar, J) Shishir/- U T