Patna High Court

CHAMPA DEVIversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioners, subject to bond and surety conditions.

Summary

The petitioners, who are the mother‑in‑law, brother‑in‑law and sister‑in‑law of an informant, filed an application fearing arrest in a case (Panapur P.S. Case No. 89 of 2018) that alleged they assaulted, tortured and sexually assaulted the informant for dowry demands. The prosecution charged them under IPC sections 323, 379, 498A, 376/34 and Section 3 of the Dowry Prohibition Act. The court examined the facts, noted that the informant had been living at her paternal home since her husband's death, and found no immediate necessity for detention. Consequently, the application was allowed and bail was granted subject to a bond of Rs.10,000 with two sureties each, and conditions under CrPC sections 482 and 438(2). The order directs that the bail be effected if arrest or surrender occurs within six weeks of the order.

Issues considered

Whether the petitioners are entitled to bail in the pending criminal case under the cited IPC and Dowry Prohibition Act provisions.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482
Dowry Prohibition Act — s. 3
Indian Penal Code — s. 323, 34, 376, 379, 498A

Subjects

bail
dowry harassment
assault
sexual assault
IPC sections
Criminal Procedure Code
anticipatory bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.16358 of 2022
                        Arising Out of PS. Case No.-89 Year-2018 Thana- PANAPUR District- Saran
                 ======================================================
           1.     Champa Devi W/O Rajendra Prasad Resident of A-12, A-Block, Rajbagh
                 Colony, Sahibabad, Pasonda, Ghaziabad, Uttar Pradesh, Pincode- 201005
           2.    Sunil Patel S/o Rajendra Prasad Resident of A-12, A-Block, Rajbagh
                 Colony, Sahibabad, Pasonda, Ghaziabad, Uttar Pradesh, Pincode- 201005
           3.    Pinki Prasad W/o Gautam Prasad, D/o Rajendra Prasad Resident of 166-B,
                 Nagin Nagar, Airport Marg Indore, Indore, Bijasan Road, Madhya Pradesh,
                 Pincode-452005

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rupa Devi D/o Dudhnath Prasad Resident of Village- Bellour, P.S.- Panapur,
                 District- Saran
           3.    Ritesh Prasad S/o Sitaram Prasad R/o village- Khairwa, P.S.- Bhagwanpur,
                 District- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Abhishek Kumar, Advocate
                                                  Mr. Harsha Shashwat, Advocate
                                                  Mr.Piyush Kumar Pandey, Advocate
                                                  Mr. Dineshwar Mishra, Advocate
                                                  Mr. Rohan Priyan Sahay, Advocate
                                                  Ms. Ruchi Arya, Advocate
                 For the State           :        Mr.A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER

3   24-02-2026                     Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                  2. The petitioners apprehend arrest in connection

                   with Panapur P.S. Case No. 89 of 2018 instituted under
Patna High Court CR. MISC. No.16358 of 2022(3) dt.24-02-2026
                                            2/3




          Sections 323, 379, 498(A) and 376/34 of the Indian Penal Code

          and Section ¾ of the Dowry Prohibition Act.

                       3. The case of the prosecution is that the petitioners

          along with accused persons are said to have assaulted the

          tortured the informant due to non fulfillment of demand of

          dowry. Further, it is also alleged that the informant was

          sexually assaulted and she had been living at her paternal

          house.

                       4. The petitioner nos. 1 and 2 are mother-in-law and

          brother-in-law of the informant and petitioner no. 3 is the

          married sister-in-law of the informant. It is further submitted

          that the informant had been living at her paternal house since

          19.12.2016 after the death of her husband.

                       5. Considering the aforesaid facts, this application is

          allowed.

                       6. Accordingly, in the event of arrest or surrender

          before the Court below within six weeks from today, the

          petitioners, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) each with two sureties

          of the like amount each to the satisfaction of the learned

          A.C.J.M.1st, Saran at Chapra/ concerned Court in connection

          with Panapur P.S. Case No. 89 of 2018, subject to the conditions
           Patna High Court CR. MISC. No.16358 of 2022(3) dt.24-02-2026
                                                       3/3




                     laid down in Section 482 of the BNSS/ 438(2) of the Code of

                     Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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