Patna High Court
Asha Devi @ Asha GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
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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