Patna High Court
Priya DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court inclined to enlarge anticipatory bail to the petitioners, subject to surrender and bail‑bond conditions.
Summary
Petitioners Priya Devi and Shobha Devi, sister‑in‑laws of the deceased Priya Kumari, filed an anticipatory bail application fearing arrest in a dowry‑cruelty case (Kesariya P.S. Case No. 478 of 2025) filed under Sections 103(1), 61(2) and 3(5) of the B.N.S. The prosecution alleges that the deceased was subjected to dowry demands, leading to a case under IPC Section 498A and the Dowry Prohibition Act, and that she was assaulted by her in‑laws. The petitioners contend they are innocent, falsely implicated, and that the main allegation is against the husband who is already in custody; they also point to a prior order granting bail to similarly situated co‑accused (Cr. Misc. No. 4789 of 2026). The State opposed the bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the dowry‑cruelty case
- Whether the allegations under Sections 103(1), 61(2), 3(5) of the B.N.S. and related IPC provisions justify denial of bail
Legislation cited
- B.N.S. — s. 103(1), 3(5), 61(2)
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry cruelty
- IPC 498A
- bail under Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16516 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. Priya Devi, Wife of Rakesh Giri, Resident of village- Vaishakhwa, P.S.-
Kesariya, Dist- East Champaran at Present Village- Khajuriya, P.S.-
Dumariyaghat, District- East Champaran
2. Shobha Devi, Wife of Sushil Giri, Resident of village- Vaishakhwa P.S.-
Kesariya, Dist- East Champaran At Present village- Subhai Math, P.S.-
Vaishali, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Kesariya P.S. Case No. 478 of 2025 instituted for the
offence under Sections 103(1), 61(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that one
Priya Kumari (deceased) was married with one Arvind Giri. It is
further alleged that she was being subjected to cruelty on
account of non-fulfillment of dowry demand. It is further
alleged that a case been filed under Section 498A of the I.P.C.
and under Section ¾ of Dowry Prohibition Act. In that case, the
Patna High Court CR. MISC. No.16516 of 2026(2) dt.18-03-2026
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informant was forced to withdraw that case. The same was not
withdrawn. It is further alleged that on 16.10.2025 she was
being assaulted and strangulated by the in-laws.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. The petitioners are married sister-in-laws
of the deceased and they have falsely been implicated in this
case. The nature of allegation is general and omnibus. The main
thrust of allegation is against the husband who is in judicial
custody. It has also been submitted that similarly situated co-
accused persons have been granted bail by this Court vide Cr.
Misc. No. 4789 of 2026.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Kesariya P.S. Case No.478 of
2025, they will be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.16516 of 2026(2) dt.18-03-2026
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like amount each to the satisfaction of learned C.J.M., East
Champaran, Motihari, subject to the conditions as laid down
under section 482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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