Patna High Court
Prema DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond and conditions.
Summary
Petitioner Prema Devi sought relief from arrest in a criminal complaint (Case No. 1918 of 2023) alleging she had committed cruelty and torture under Section 498A of the IPC, and was accused of an illicit relationship with the complainant's husband. The petitioner denied all allegations, claiming the case was fabricated, and highlighted that the complainant had left her matrimonial home and that the husband had filed a restitution of conjugal rights suit under Section 9 of the Hindu Marriage Act. The State and the complainant opposed the bail, relying on photographs and video purportedly showing the illicit relationship. The court examined the nature of the allegations, the relationship between the parties, and the evidence presented, and decided to grant bail to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. and attendance requirements. The order releases the petitioner on bail pending further proceedings in the 498A case.
Issues considered
- Whether the petitioner is entitled to bail in a case registered under Section 498A IPC pending trial.
Legislation cited
- B.N.S.S. — s. 482(2)
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- domestic violence
- cruelty
- illicit relationship
- Hindu Marriage Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13553 of 2026
Arising Out of PS. Case No.-1918 Year-2023 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Prema Devi W/o Arun Kumar Pandey @ Bablu Kumar Pandey R/o Village-
Pokhraha, P.S.- Begangola, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Saloni Kumar W/o Mr. Sumant Kumar Pandey, D/o Sanjit Singh @
Ramtapasya Singh Resident of Village- Pokhraha, PS.- Began Bela, District-
Buxar, At present R/o Village- Khandaul, P.S.- Sandesh, District- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam, Adv.
For the State : Md. Anzarul Haque Sahara, APP
For the complainant : Mr. Parijat Saurav, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner, learned
counsel for the complainant and learned A.P.P. for the State.
02. In the present case, the petitioner is apprehending
her arrest in connection with Complaint Case No. 1918 of 2023
registered for the alleged offences under Section 498A of the IPC.
03. As per prosecution case, the complainant/opposite
party no. 2 is married with one Sumant Kumar Pandey and the
petitioner is stated to be wife of his elder brother. The allegation
against the petitioner and other coaccused persons is that they used
to treat the complainant with cruelty and further used to torture
her. There is further allegation of illicit relationship between the
petitioner and the husband of the complainant which resulted in
infliction of torture and cruelty upon the complainant.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.13553 of 2026(2) dt.11-03-2026
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petitioner is innocent and she has been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken place.
The allegations levelled against the petitioner are not believable
considering the fact that a number of persons reside in the house
where the petitioner and the husband of the complainant reside.
The complainant herself left her matrimonial home. The petitioner
is married with two children who are staying in the same house
and allegation of illicit relationship is simply not believable.
Learned counsel further submits that husband of the complainant
has filed a case under Section 9 of the Hindu Marriage Act for
restitution of conjugal rights, being Matrimonial Case No.
387/2023. Learned counsel further submits that learned SDJM,
Bhojpur has disbelieved the other allegations and has taken
cognizance only under Section 498A of the IPC. Learned counsel
further submits that the present case is a completely false and
concocted case. The petitioner has clean antecedent.
05. Learned A.P.P. for the State as well as learned
counsel for the complainant vehemently oppose the submission
made on behalf of the learned counsel for the petitioner. Learned
counsel for the complainant submits that in the rejection order the
Additional Sessions Judge has taken note of the photographs and
video of illicit relationship of the petitioner with the husband of
the complainant.
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3/3
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
relationship of the petitioner with the complainant and further
considering the nature of allegation against the petitioner, let the
petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of Court of learned SDJM, Bhojpur
at Ara in connection with Complaint Case No. 1918 of 2023,
subject to the condition laid down under Section 482(2) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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