Patna High Court
Chinta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 482(2), 85
- Dowry Prohibition Act — s. 3, 4
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
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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
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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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