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Patna High Court

Chinta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, finding no sufficient ground to arrest them.

Summary

The petitioners, three women members of the family of the deceased Sudhir Mochi, sought anticipatory bail after being implicated in a dowry‑related case (Islampur P.S. Case No. 92 of 2025) under Sections 103(1), 85, 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The FIR alleged that after a marriage, the co‑accused Dharmabir Kumar demanded a motorcycle and cash, assaulted the informant’s daughter, and in the ensuing scuffle the informant’s husband fell, became unconscious and later died. The petitioners contended they were merely female relatives and had not participated in any criminal act, and the victim’s daughter’s statement during investigation exonerated them. The court, after considering the nature of the allegations and the recorded statement, found no basis to detain the petitioners and therefore granted anticipatory bail, subject to a bail bond and sureties, under Section 482(2) of the Bihar Narcotic Substances Act, 2023. The order directs that the bail be effective for four weeks from the date of the order.

Issues considered

  • Whether the petitioners can be held liable under the Bihar Narcotic Substances Act, 2023 and the Dowry Prohibition Act for the alleged dowry demand and assault.
  • Whether anticipatory bail is appropriate in view of the facts and the statements recorded during investigation.

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • criminal law
  • Bihar Narcotic Substances Act
  • Section 482
  • family members
  • assault
  • death

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1388 of 2026
                      Arising Out of PS. Case No.-92 Year-2025 Thana- ISLAMPUR District- Nalanda
                 ======================================================
           1.     Chinta Devi W/O Late Sudhir Mochi @ Late Sudhir Ravidas R/O Village-
                  Sharifabad, P.S- Islampur, Distt.- Nalanda.
           2.    Samta Devi W/O Kapil Ravidas, D/O Late Sudhir Mochi @ Late Sudhir
                 Ravidas R/O Village- Sharifabad, P.S- Islampur, Distt.- Nalanda.
           3.    Mamta Kumari W/O Prasuram Das D/O Late Sudhir Mochi @ Late Sudhir
                 Ravidas R/O Village- Sharifabad, P.S- Islampur, Distt.- Nalanda.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   23-04-2026                  1. Heard the parties.

                                2. The petitioners apprehend their arrest in connection

                   with Islampur P.S. Case No. 92 of 2025 dated 22.02.2025

                   registered under Section 103(1), 85, 3(5) of the B.N.S., 2023

                   and Section 3 & 4 of the Dowry Prohibition Act.

                                3. As per the F.I.R. the informant’s daughter was

                   married to one Dharmabir Kumar (co-accused) on 17.07.2024.

                   After some time of the marriage, the petitioners and other

                   accused persons started demanding Glamour motorcycle and

                   cash of Rs. 2 Lakh and threatened the informant’s daughter with

                   dire consequences if the demand is not fulfilled. On 17.02.2025
Patna High Court CR. MISC. No.1388 of 2026(5) dt.23-04-2026
                                            2/3




          all the accused persons started assaulting the informant’s

          daughter, which was informed to the informant by the victim

          girl, upon which the informant along with her husband and other

          family members went to matrimonial home of the victim girl for

          negotiation and in order to pacify the issue. After having

          discussed the matter, the informant and her husband along with

          other family members started returning, upon which the

          co-accused Dharmabir Kumar assaulted the informant’s

          daughter and started pressing her neck and when the informant

          and other family members intervened, the husband of the

          informant fell down and became unconscious and subsequently

          died on 19.02.2025.

                       4. Learned counsel for the petitioners submits that all

          the petitioners are lady members of the family and they have not

          committed any offence in the manner alleged. The statement of

          the informant’s daughter was recorded during course of

          investigation in which she has said that her husband Dharmabir

          Kumar started assaulting and in the melee Dharmabir Kumar

          assaulted her father due to which he fell down, became

          unconscious and subsequently died.

                       5. Regard being had to the submission made by the

          parties, taking into consideration the nature of allegation against
               Patna High Court CR. MISC. No.1388 of 2026(5) dt.23-04-2026
                                                           3/3




                         the petitioners, who are lady members of the family and

                         statement of informant’s daughter recorded during course of

                         investigation, I am inclined to grant anticipatory bail to the

                         petitioners.

                                      6. Let the petitioners, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                         with two sureties of the like amount each to the satisfaction of

                         learned      S.D.J.M.       Hilsa,      Nalanda     in   connection   with

                         Islampur P.S. Case No. 92 of 2025 subject to the condition as

                         laid down under Section 482 (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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