Patna High Court
Sulekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to bail bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sulekha Devi, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 82(1), 85, 352 and 3(5) of the B.N.S., 2023. She claimed to have a clean antecedent and alleged that the informant, her mother‑in‑law, falsely implicated her after a dowry dispute and a second marriage of her son. The State opposed the bail. The Court, after considering the petitioner's clean record and the allegation of false implication, ordered that she be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending criminal case
- Whether the allegations of false implication and clean antecedent justify grant of anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 352, 82(1), 85
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- dowry harassment
- false implication
- criminal procedure
- Section 482
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14413 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- MAHILA P.S. District- Samastipur
======================================================
Sulekha Devi Wife of Vijay Ray Resident of Village - Asrafpur Ward No.- 6,
Supaul, Police Station - Patory, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rina Kumari Wife of Arvind Ray Resident of Village - Supaul, Police
Station - Shahpur Patory, District - Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 82(1), 85, 352, 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and has been falsely
implicated in the instant case by the informant being mother-in-
law. It is next submitted that informant alleges that she was
married to Arvind on 21.05.2025 and after 2-3 days of marriage,
all the accused persons assaulted the informant for non-
fulfillment of demand of dowry, further the informant had gone
Patna High Court CR. MISC. No.14413 of 2026(2) dt.25-03-2026
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to her parental home for appearing in Bihar Police Examination
when her husband performed his second marriage.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that her son was earlier married
to Anupam Kumari on 11.04.2023 and the same has been
pleaded at Para-5 of the anticipatory bail application. It is next
submitted that petitioner was completely unaware that her son
had performed second marriage. It is next submitted that since
the petitioner was not ready to accept the second marriage of her
son, as such she came to be implicated in the instant case with
general and omnibus allegation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Mahila P.S. Case No.72/2025, subject to the conditions as
Patna High Court CR. MISC. No.14413 of 2026(2) dt.25-03-2026
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laid down under Section 482(2) B.N.S.S.
(Satyavrat Verma, J)
amit/-
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