Patna High Court
Dropadi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions, considering the possibility of false accusation and her clean record.
Summary
Dropadi Devi, the mother‑in‑law of the complainant, was implicated in a dowry harassment case (Naugachia Mahila P.S. Case No. 35 of 2025) alleging demand of Rs 5 lakhs and physical/mental torture under IPC sections 498A, 341, 323, 504, 506 read with 34 and D.P. Act sections 3 and 4. The petitioner pleaded innocence, arguing that the marriage occurred in 2018, no complaint was filed until 2025, and she had separated from her son and daughter‑in‑law in 2023, having no criminal antecedent. The State opposed, maintaining the dowry demand and torture allegations. The Court, noting the possibility of false accusation and the petitioner’s lack of prior record, ordered that if arrested she be released on bail within eight weeks, subject to a Rs 10,000 bond, two sureties, a close relative as bailor, and attendance at trial dates. The order was made under Section 482(2) of the B.N.S.S. and related bail conditions.
Issues considered
- Whether the petitioner is entitled to bail in the dowry harassment case pending investigation.
- Whether the allegations against the petitioner constitute a false accusation warranting bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 506
Subjects
- dowry harassment
- Section 498A
- bail
- false accusation
- Criminal Procedure Code
- Indian Penal Code
- Domestic Violence Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14808 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- NAUGACHIA MAHILA P.S. District-
Bhagalpur
======================================================
Dropadi Devi Wife of Late Umesh Sah, Resident of Village- Kajichak, P.S.-
Mojahidpur, District- Bhagalpur.
... ... Petitioner
Versus
1. The State of Bihar.
2. Monika Kumari Daughter of Sri Gopal Sah, Resident of Village- Kharik
Bazar, Ward No. 06, P.S.- Kharik, District- Bhagalpur.
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending her arrest in connection with Naugachia Mahila
P.S. Case No. 35 of 2025, registered for the offences punishable
under Sections 498A, 341, 323, 504 and 506 read with Section
34 of the Indian Penal Code and Sections 3 and 4 of D.P. Act.
3. As per prosecution case, the informant has been
married with the son of the petitioner in the year 2018 and
allegation against the petitioner and other co-accused persons is
that they have been demanding rupees five lakhs in dowry.
Further allegation is that the petitioner and other co-accused
persons have been physically and mentally torturing the
Patna High Court CR. MISC. No.14808 of 2026(2) dt.01-04-2026
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informant and the torture increased after birth of her daughter.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and she has falsely been implicated in
this case. The allegation of demand of rupees five lakhs in
dowry and consequent torturing related to non-fulfillment of this
demand is completely false and concocted. The allegations are
not believable as marriage was solemnized on 16.12.2018 and
till 03.06.2025, no complaint has been made. Learned counsel
further submits that it appears that the relationship between
husband and wife deteriorated over time and getting disturbed
by the acts of her son and daughter-in-law, the petitioner
separated herself from them in the month of December, 2023
and since then, she has no concern with the affairs of her son
and daughter-in-law. Petitioner is a widow lady and she has got
no criminal antecedent.
5. Learned APP opposes the submissions made on
behalf of the petitioner and submits that petitioner is mother-in-
law and there is allegation of demand of dowry and consequent
torture against the petitioner and other co-accused persons.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of relationship of the petitioner with the informant and
Patna High Court CR. MISC. No.14808 of 2026(2) dt.01-04-2026
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also considering the possibility of false accusation, let the
petitioner above-named, in the event of her arrest or surrender
before the Court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Naugachia, Bhagalpur, in connection with
Naugachia Mahila P.S. Case No. 35 of 2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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