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Patna High Court

Asha Devi @ Asha GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Asha Devi (Asha Gupta), mother‑in‑law of the complainant, was implicated in a dowry harassment case under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act. She sought anticipatory bail, asserting that she had no involvement in the alleged cruelty and that the accusations were general and unrelated to her. The State opposed the bail, contending that the petitioner was part of the alleged conspiracy. The Court examined the allegations, noted the petitioner’s clean antecedents and separate property, and considered the earlier anticipatory bail granted to the complainant’s husband. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the Court allowed anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 498A IPC and Dowry Prohibition Act.
  • Whether the allegations against the petitioner are sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • Dowry Prohibition Act
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13581 of 2026
                  Arising Out of PS. Case No.-1622 Year-2018 Thana- DARBHANGA COMPLAINT CASE
                                                    District- Darbhanga
                 ======================================================
                 Asha Devi @ Asha Gupta Wife of Late Vijay Kumar Gupta Resident of
                 Mohalla - Fakira Khan, Ward No.- 26, Police Station - Laheri Sarai, District -
                 Darbhanga (Bihar).
                                                                           ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Shalini Wife of Rohit Prakash @ Tikku Daughter of Ramchandra Prasad,
                  Resident of Mohalla - Aam Gola (in front of Oriental Club) Braham
                  Kunwari Gali, Police Station - Kaji Mohammadpur, District - Muzaffarpur.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :    Mr. Rajendra Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 498(A) of the Indian

                   Penal Code and Sections 3/4 of the Dowry Prohibition Act.

                                3. Prosecution case, in brief, is that all the F.I.R.

                   named accused persons including this petitioner committed

                   torture and matrimonial cruelty to the informant due to non-

                   fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is mother-in-law of the informant and she is simply victim of
            Patna High Court CR. MISC. No.13581 of 2026(2) dt.27-04-2026
                                                        2/2




                      over-implication. Allegation against petitioner is general and

                      omnibus. Petitioner is separate in mess and property and has got

                      no concern with family affairs of the informant. He further

                      submits that thrust of accusation is against husband of the

                      informant who has already been granted anticipatory bail by this

                      courtvide order dated 05.09.2024 passed in Cr. Misc. No. 28200

                      of 2024. Petitioner is lady and claims clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this anticipatory bail is allowed and it is ordered that

                      let the above named petitioner in the event of her

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of Sub-Divisional Judicial

                      Magistrate, Darbhanga in connection with Complaint Case No.

                      1622 of 2018, subject to condition as laid           down     under

                      Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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