Patna High Court
Shobha Devi @ ShobhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petitioners' application for anticipatory bail, subject to prescribed conditions.
Summary
The petitioners, Shobha Devi and Deepika Kumari, sought anticipatory bail after an FIR was lodged under Sections 498A, 341, 323, 504, 506, 34 of the IPC and Section 3 of the Dowry Prohibition Act alleging they tortured and attempted to kill the informant for dowry. They contended that the allegations were generic, that Shobha Devi is blind and therefore could not have participated, and that the complaints arose only after the informant's husband filed for divorce. The State opposed the bail, arguing the seriousness of the offences. The Court examined whether the FIR disclosed sufficient material to deny bail and considered the scope of Section 438 CrPC and Section 482 B.N.S.S. for anticipatory bail. Finding no concrete evidence against the petitioners and noting their clean antecedents, the Court granted anticipatory bail subject to stringent conditions, including surety, personal appearance, and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail under Section 438 CrPC can be granted in a case involving alleged dowry harassment and multiple IPC offences.
- Whether the FIR contains specific allegations sufficient to deny bail to the petitioners.
- Whether the conditions imposed under Section 482 B.N.S.S. are appropriate for the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Section 498A
- Criminal Procedure
- bail conditions
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10160 of 2026
Arising Out of PS. Case No.-46 Year-2024 Thana- MAHILA P.S. District- Lakhisarai
======================================================
1. Shobha Devi @ Shobha W/o Late Anjani Kumar Singh Resident of -
1459/10, A-Block, Near - Eye Hospital, P.O - Ramsagar Mishra, P.S -
Gazipur, District - Lucknow, State - Uttar Pradesh, Pin - 226016
2. Deepika Kumari @ Shaili @ Deepika W/o Vikash Jaiswal Resident of -
Savitri Bhawan, Pyarepur, P.O - Khiri, P.S - Lakhimpur Khiri, District -
Lakhimpur Khiri, State - Uttar Pradesh, Pin - 262701
... ... Petitioner/s
Versus
1. The State of Bihar
2. Juhi Kumari W/o Sunni Kumar D/o Shashibhushan @ Ghanshyam Prasad,
Resident of - Begampur, Mansurganj, P.O and P.S - Malsalami, Patna City,
District - Patna and also R/o - Ward No. 5, English (Near Cold Storage),
Purani Bazar, P.O and P.S - Lakhisarai, State - Bihar, Pin - 811311
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok, Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Lakhisarai Mahila P.S. Case No. 46 of 2024 registered for
the offences under Sections 498(A), 341, 323, 504, 506 and 34
of the I.P.C. and under Section ¾ of the Dowry Prohibition Act.
3. As per the prosecution case, the allegation against
the petitioners is that they along with other accused persons
have been torturing the informant for the payment of dowry and
had even tried to kill her upon which she left the house and
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managed to save herself.
4. The learned counsel for the petitioners submits that
the petitioners are mother-in-law and sister-in-law of the
informant/O.P. No. 2. He further submits that from mere perusal
of the FIR, it would be evident that there is general and omnibus
allegations against all the accused persons, including the
petitioners. It has next been submitted that the mother-in-law of
the informant is completely blind for the last 25 years and
therefore, any allegation of torture against her is not tenable
while the petitioner no. 2 is married sister-in-law (nanad),
though the marriage was solemnized two years after the
marriage of the O.P. No. 2 with the brother of petitioner no. 2. It
has also been submitted that frivolous allegations of demands of
dowry as well as of trying to kill has been levelled only after the
husband of the informant had filed the divorce case on
11.03.2024 and after four months, the present FIR was lodged
by the informant. It is lastly been submitted that the petitioners
carry clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
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released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Lakhisarai Mahila
P.S. Case No. 46 of 2024 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
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criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the present application stands
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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