Patna High Court
Ranjana Kumary @ Ranjan Devi @ Ranjana KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner under Section 438(2) of the CrPC, subject to the stipulated conditions.
Summary
The petitioner, Ranjana Kumary, a sister‑in‑law of the complainant Putul Kumari, sought protection from arrest in a complaint case (No. 3039 of 2013) alleging offences under Sections 323, 498(A), 504, 379/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The complainant alleged dowry‑related harassment by her husband and others, but the husband’s divorce petition had been granted in 2019 and the complainant had remarried. The petitioner, residing in Bangalore since 2006, argued that she was not directly involved in the alleged offences and that arrest would be oppressive. The Court examined the nature of the allegations, the petitioner’s relationship to the complainant, and the statutory provisions governing bail. Applying Section 438(2) of the CrPC, the Court ordered that the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000 with two sureties, subject to the conditions prescribed. The order effectively granted bail to the petitioner pending further proceedings.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure in a complaint case involving alleged dowry‑related offences.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 379, 498A, 504
Subjects
- bail
- dowry harassment
- IPC offences
- CrPC Section 438
- complaint case
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1768 of 2026
Arising Out of PS. Case No.-3039 Year-2013 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Ranjana Kumary @ Ranjan Devi @ Ranjana Kumari W/o- Rakesh Kashyap,
D/o- Ramanand Chaudhary Village- Sahpur Undi PS- Patori, Dist-
Samastipur, A/P- H.NO-14, Ps- J.C Nagar Dist- Bangalore
... ... Petitioner/s
Versus
1. The State of Bihar
2. Putul Kumari W/o- Varun Kumar R/v- Sahpur Undi Ps- Patori Dist-
Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 08-07-2026 Heard learned counsel for the petitioner and State.
2. The petitioner, who is lady, apprehends arrest in a
complaint case punishable for the offence under Sections 323,
498(A), 504, 379/34 of the Indian Penal Code and Section 3 / 4
of the Dowry Prohibition Act.
3. As per complaint petition, Putul Kumari
(complainant) was married with co-accused Barun Kumar @
Mithu on 18.04.2012 and after the marriage, she went to her
sasural where all the accused persons including petitioner
started torturing her due to non fulfillment of demand of dowry
and they told that if the demand is not fulfilled they would not
keep her.
Patna High Court CR. MISC. No.1768 of 2026(5) dt.08-07-2026
2/2
4. Petitioner is married sister-in-law of the
complainant and has been living in Bangalore since 2006.
Thrust of the accusation is against husband of the complainant.
Husband of the complainant has already filed a divorce case,
vide Divorce Case No. 172 of 2013, which has already been
allowed on 19.07.2019 by the court of learned Principal Judge,
Family Court. Moreover, the complainant has already
solemnized her second marriage with one Chitranjan Kumar and
she is residing with him at Sultanganj.
5. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned S.D.J.M., Vaishali at Hajipur in connection with
Complaint Case No. 3039 of 2013, subject to condition as laid
down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
anay
U T
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