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Patna High Court

Indo Devi @ Indu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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