Patna High Court
Indo Devi @ Indu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners – Indo Devi, Bhola Mahto and Abren Kumar – sought anticipatory bail fearing arrest in a complaint filed by Lalita Devi under IPC sections 323, 342, 498A, 494 and Section 4 of the Dowry Prohibition Act. The complaint alleged that the husband’s family demanded a dowry of Rs.1 lakh, and upon non‑payment the complainant was expelled from the matrimonial home. The petitioners, who are the mother‑in‑law, father‑in‑law and brother‑in‑law, contended that they have clean antecedents and were falsely implicated as a matter of routine family‑dispute escalation. The State opposed the bail. The Court, after considering the clean record and the nature of the allegations, granted anticipatory bail subject to a cash bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) Cr.P.C. and 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‑related complaint.
- Whether the petitioners, being family members, can be held liable under the alleged offences.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 342, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- false implication
- IPC
- Criminal Procedure Code
- family members
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18895 of 2026
Arising Out of PS. Case No.-269 Year-2023 Thana- COMPLAINT CASE - UDA-
KISHUNGANJ District- Madhepura
======================================================
1. Indo Devi @ Indu Devi Wife of Bhola Mahto R/o Village-Gangora
(Gangoura), Balu Tola, Ward No 02, P.S-Bihariganj, Dist-Madhepura
2. Bhola Mahto son of Late Gopali Mahto R/o Village-Gangora (Gangoura),
Balu Tola, Ward No 02, P.S-Bihariganj, Dist-Madhepura
3. Abren Kumar @ Amrendra Kumar Son of Bhola Mahto R/o Village-
Gangora (Gangoura), Balu Tola, Ward No 02, P.S-Bihariganj, Dist-
Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalita Devi wife of Awdhesh Mahto/ D/o Late Mohit Mahto R/o Village-
Gangora Balu Tola, (Mohanpur) Ward No 02, P.S-Bihariganj, Dist-
Madhepura Presently Resident of village- Gorihar, PS- Tikapatti, Dist-
Purnia
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 323, 342,
498(A) and 494 of the Indian Penal Code as well as Section 4 of
the Dowry Prohibition Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
1 is a woman and the complainant alleges that she was married
Patna High Court CR. MISC. No.18895 of 2026(2) dt.06-04-2026
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to Awadhesh Mahto in the year 2007 and three children were
born out of the wedlock but then the accused persons started
demanding dowry and on account of non-fulfillment of the
demand of Rs.1 lakh, the complainant was ousted from her
matrimonial home.
4. Learned counsel for the petitioners submits that
petitioners being the mother-in-law, father-in-law and brother-
in-law came to be falsely implicated in the instant case by the
complainant. It is further submitted that whenever any dispute
arises in between the husband and the wife, the entire family
members are implicated in a mechanical manner with general
and omnibus allegation. It is next submitted that it is the
bounden duty of the husband to ensure well being of his wife.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
Patna High Court CR. MISC. No.18895 of 2026(2) dt.06-04-2026
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the case is pending/Successor Court in connection with
Complaint Case No. 269 of 2023, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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