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Patna High Court

Soni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners, subject to the stipulated conditions.

Summary

The petitioners, who are relatives of an informant, sought bail fearing arrest in a criminal case (Gaya Muffasil P.S. Case No. 911 of 2025) involving alleged offences under Sections 85 and 74 read with Section 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the D.P. Act. The prosecution alleged that the petitioners demanded a motorcycle and tortured the informant, leading to her assault. The petitioners contended that the allegations were vague, false, and motivated by family disputes, emphasizing their clean antecedent and lack of any dowry demand. The court examined the relationship between the petitioners and the informant, the general nature of the accusations, and the possibility of false prosecution. Considering these factors, the court granted bail to the petitioners subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. and required their presence in court as needed.

Issues considered

  • Whether the petitioners are entitled to bail pending trial for the offences alleged under the B.N.S., 2023 and the D.P. Act.

Legislation cited

Subjects

  • bail
  • false accusation
  • dowry prohibition
  • assault
  • criminal miscellaneous
  • Section 85 B.N.S.
  • Section 74 B.N.S.
  • Section 3(5) B.N.S.
  • Section 3 D.P. Act
  • Section 4 D.P. Act
  • Section 482(2) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.14862 of 2026
                     Arising Out of PS. Case No.-911 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
           1.     Soni Devi W/o Kundan Saw and D/o- Bhagwan Saw Resident of Village-
                  Nauranga, P.S.- Muffasil, Distict- Gayajee
           2.    Babita Devi Wife of Bhagwan Saw Resident of Village- Nauranga, P.S.-
                 Muffasil, Distict- Gayajee
           3.    Suraj Saw @ Suraj Kumar Son of Bhagwan Saw Resident of Village-
                 Nauranga, P.S.- Muffasil, Distict- Gayajee
           4.    Meena Devi @ Meena Kumari Wife of Suraj Saw @ Suraj Kumar and D/o-
                 Raj Kumar Saw Resident of Village- Nauranga, P.S.- Muffasil, Distict-
                 Gayajee and Maika Panchu Talab, Hisua, P.S.- Hisua, District- Nawada

                                                                                  ... ... Petitioners
                                                       Versus
           1.    The State of Bihar
           2.    Anjali Kumari Wife of Santosh Saw and D/o Jugal Saw Resident of Village-
                 Nauranga Pokhar Par, P.S.- Muffasil, District- Gayajee. And at present
                 resides at Village- Mohan Nagar Koiyli Pokher, P.S.- not given, District- not
                 given

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioners       :      Mr. Arvind Kumar Singh, Advocate
                                                  Ms. Swati Parmar, Advocate
                 For the State             :      Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-04-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                       2. In the present case, the petitioners are

                   apprehending their arrest in connection with Gaya Muffasil P.S.

                   Case No. 911 of 2025, dated 04.09.2025, registered for the

                   offences punishable under Sections 85 and 74 read with Section

                   3(5) of the B.N.S., 2023 and Sections 3 and 4 of the D.P. Act.

                                       3. As per prosecution case, the informant has been
Patna High Court CR. MISC. No.14862 of 2026(2) dt.01-04-2026
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          married with co-accused Santosh Saw and the petitioners are

          moreover, the brother, sister and sister-in-law of the husband of

          the informant. The allegation against the petitioners and other

          co-accused persons is that they have been demanding

          motorcycle and torturing the informant on non-fulfillment of

          their demand. Further allegation is that informant was brutally

          assaulted by her co-accused in-laws.

                          4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          this case. The allegations are not believable. Moreover, the

          allegations are general and omnibus against all the petitioners.

          Petitioners have no concern with the family affairs of the

          informant and her husband. The informant herself does not want

          to stay with her husband, who has filed a case for the restitution

          of conjugal rights in the Court of learned Principal Judge,

          Family Court, Gayajee. The husband of the informant has

          purchased a plot in the name of the informant on 19.04.2024

          and it belies the claim of demand of motorcycle by the husband

          of the informant or the petitioners. Petitioner no. 2 is the

          mother-in-law, petitioner nos. 1 and 4 are sisters-in-law and

          petitioner no. 3 is brother in law of the informant respectively

          and they neither demanded any dowry article nor ever tortured
Patna High Court CR. MISC. No.14862 of 2026(2) dt.01-04-2026
                                            3/4




          the informant. Learned counsel further submits that informant

          herself is a quarrelsome lady and she used to leave her

          matrimonial home leaving her five year old son behind. When

          she wanted to take back her son and the same was opposed by

          the husband, she filed this false case. The learned counsel lastly

          submits that the petitioners are having clean antecedent.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioners.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          relationship of the petitioners with the informant and also

          considering the general and omnibus nature of allegation

          levelled against them and further considering their clean

          antecedent and possibility of false accusation, let the petitioners

          above-named, in the event of their 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) each with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Gayajee, in connection with Gaya Muffasil P.S.

          Case No. 911 of 2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S. and other following
          Patna High Court CR. MISC. No.14862 of 2026(2) dt.01-04-2026
                                                      4/4




                    conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioners.

                                    (ii) The petitioners 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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