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Patna High Court

Prema DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
             Patna High Court CR. MISC. No.13553 of 2026(2) dt.11-03-2026
                                                         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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