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Patna High Court

Alpana KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that there was no sufficient ground to cancel the anticipatory bail and dismissed the application.

Summary

The petitioner, Alpana Kumari, filed an application seeking cancellation of the anticipatory bail granted to her father‑in‑law, mother‑in‑law and brother‑in‑law in a criminal case under Section 498A IPC and Sections 3/4 of the Dowry Prohibition Act. The bail had been ordered on 19‑09‑2023 by the Additional Sessions Judge. The petitioner argued that the accused were implicated by an injury report and that no settlement had been reached, warranting revocation of bail. The accused contended that the bail was granted on substantial grounds, had not been misused, and that a separate quashing petition concerning the husband was pending. The High Court found no sufficient ground to cancel the anticipatory bail and, noting the interest of justice, disposed of the application while urging the parties to settle the matter in the related proceeding. Consequently, the bail remained in force.

Issues considered

  • Whether the anticipatory bail granted to the accused in a Section 498A case can be cancelled on the basis of an injury report and the absence of a settlement.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • Dowry Prohibition Act
  • bail cancellation
  • family dispute
  • settlement
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10109 of 2024
                   Arising Out of PS. Case No.-402 Year-2023 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Alpana Kumari Daughter Of Shri Shankar Prasad Resident Of Village- Bihari
                 Sao Lane, Po- Bankipur, Ps- Pirbahore, Dist- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ravi Ray Son of Late Deoki Ray Resident Of Village- Krischan Colony,
                 Nirmala Apartment, Lodipur, Ps- Budha Colony, Dist- Patna
           3.    Rita Devi @ Rita Kumari Wife Of Ravi Ray Resident Of Village- Krischan
                 Colony, Nirmala Apartment, Lodipur, Ps- Budha Colony, Dist- Patna
           4.    Kumar Saurabh Son Of Ravi Ray Resident Of Village- Krischan Colony,
                 Nirmala Apartment, Lodipur, Ps- Budha Colony, Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Mithilesh Kr. Upadhayay, Advocate
                                                Mr. Raju Prasad, Advocate
                                                Ms. Tetara Kumari, Advocate
                 For the Opposite Party/s :     Mr. Mukesh Kumar Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   22-01-2026                     Heard learned counsel for the petitioner, learned A.P.P

                   for the State and learned counsel appearing for the Opposite Party

                   No. 2.

                                 2. The present application has been filed for cancellation

                   of bail of the Opposite Parties Nos. 2, 3 and 4 who has been directed

                   to be released on anticipatory bail by order dated 19.09.2023 passed

                   in ABP No. 66918 of 2023 in connection with Budha Colony P.S.

                   Case No. 402 of 2023 by the learned court of Additional Sessions

                   Judge-XX, Patna which is registered for the offences punishable

                   under Section 498 (A) of the IPC and Section 3/4 of the D.P. Act.
Patna High Court CR. MISC. No.10109 of 2024(5) dt.22-01-2026
                                            2/3




                       3. The present case is one under Section 498 A of the IPC

          and the Opposite parties are father-in-law, mother-in-law and brother-

          in-law of the petitioner who is the informant as also the victim.

                       4. Learned counsel for the petitioner has urged for

          cancellation of bail granted to the opposite parties on the ground that

          despite there being allegations against them which is supported by

          the injury report which has been brought on record by way of

          supplementary affidavit (Annexure-P/3), the anticipatory bail has

          been granted. The additional ground for pressing this application has

          been taken by the learned counsel concerns a settlement between the

          parties in the present proceeding. It appears from the earlier orders

          that the matter has been adjourned on several dates but till date no

          settlement has been arrived at.

                       5. Learned counsel appearing for the Opposite Parties No.

          2 to 4 strongly opposes the present application for cancellation on the

          ground that the Opposite Parties are the in-laws of the petitioner and

          the order having been passed on substantial reasons and

          consideration and there is no reason for cancelling the anticipatory

          bail granted to these Opposite Parties. It has also been submitted that

          after the grant of anticipatory bail in the year 2023 these opposite

          parties have never misused the privilege of such bail granted to them.

          It has also been informed by both the parties that the husband of

          the petitioner, who is primarily responsible for keeping his wife

          with      full    dignity       and      honour,     has   already   been
             Patna High Court CR. MISC. No.10109 of 2024(5) dt.22-01-2026
                                                         3/3




                       granted the privilege of anticipatory bail which has till date not been

                       challenged. However, a quashing application for challenging the

                       order of cognizance has been filed on behalf of the husband Mr.

                       Kumar Gaurav by Cr. Misc. No. 15094 of 2025 and by an order dated

                       24.03.2025 notices have been issued to the Opposite Party No.s 2

                       who is the petitioner herein on the very pretext that the husband was

                       desirous to settle the issue.

                                    6. Finding no good ground for cancelling the anticipatory

                       bail already granted to these Opposite Parties who are father-in-law,

                       mother-in-law and brother-in-law, on merits this Court feels it

                       expedient in the interest of justice that the present application is

                       disposed of with an observation that both the parties would take steps

                       to settle the matter in Cr. Misc. No. 15094 of 2025 by resorting to

                       mentioning the matter upon urgency and both the parties do not have

                       any objection with regard to the same.

                                    7. With such observations, the present application for

                       cancellation of bail of the Opposite Parties No. 2 to 4 is hereby

                       disposed of.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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