Patna High Court
Soni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S., 2023 — s. 3(5), 74, 85
- B.N.S.S. — s. 482(2)
- D.P. Act — s. 3, 4
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
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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
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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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