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Patna High Court

Moti SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

The petitioners, Moti Sah and Dhurpati Devi, who are the uncle‑in‑law and aunt‑in‑law of an informant, applied for anticipatory bail fearing arrest in a criminal case (Chanpatiya PS Case No.185 of 2025) that alleges offences under Sections 126(2), 115(2), 85, 69, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The informant’s narrative involves a forced marriage, the suicide of her husband, alleged torture by the deceased’s parents, a subsequent relationship with her brother‑in‑law, and dowry‑related harassment, but no specific allegation is made against the petitioners. The petitioners contend they have no criminal antecedent and that the father‑in‑law and mother‑in‑law have already been granted anticipatory bail. The State and the informant opposed the bail, arguing the petitioners might be implicated. The Court, after considering the facts, granted anticipatory bail to the petitioners subject to a bail‑bond of Rs 10,000 each, two sureties, and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the allegations under the Bhartiya Nyaya Sanhita.
  • Whether the petitioners are likely to be implicated in the offences alleged in Case No.185 of 2025.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 482
  • dowry harassment
  • domestic violence
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19967 of 2026
                 Arising Out of PS. Case No.-185 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
           1.     Moti Sah S/o Late Bhagelu Sah R/o Village- Chuhari, P.S.- Chanpatiya,
                  Dist.- West champaran
           2.    Dhurpati Devi @ Dhurupati Devi @ Dhruvpato Devi W/o Moti Shah R/o
                 Village- Chuhari, P.S.- Chanpatiya, Dist.- West champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 For the Informant/s      :      Mr. Bimlesh Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in a

                   case in connection with Chanpatiya P.S. Case No. 185 of 2025

                   dated 05.09.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 85, 69, 351(2) and 3(5) of the Bhartiya

                   Nyaya Sanhita.

                                3. As per the prosecution case, the marriage of the

                   informant was performed with co-accused Manish Kumar in the

                   year 2023, thereafter Manish Kumar died. It is alleged that

                   mother and father of Manish Kumar always used to tease her
Patna High Court CR. MISC. No.19967 of 2026(2) dt.08-04-2026
                                            2/3




          husband, as a result of which he committed suicide. Thereafter,

          the parents of Manish Kumar used to torture the informant and

          was threatening that if any case is lodged all of them would be

          in trouble and were putting pressure and they assured to get her

          marriage performed with her brother-in-law Amrit Raj Anand,

          her brother-in-law also established physical relationship,

          thereafter a daughter was born on 30.06.2025. Since several

          months, the child was with her father-in-law and mother-in-law

          and thereafter the behaviour of the brother-in-law became

          evasive and she is not aware that where her mother-in-law and

          father-in-law has kept her child and the father-in-law and

          mother-in-law has started saying that the child is theirs and

          unless she gives dowry she would be ousted from the house.

          The mother-in-law of the informant has even gone to the extent

          of saying the informant as a witch.

                       4. Learned counsel for the petitioners has submitted

          that petitioners happens to be uncle-in-law and aunt-in-law of

          the informant and there is absolutely no allegation against the

          petitioners. Moreover, it has been submitted, at the bar, that

          father-in-law and mother-in-law of the informant have been

          granted the privilege of anticipatory bail by the Co-ordinate

          Bench of this Court by order dated 07.04.2026 passed in Cr.
           Patna High Court CR. MISC. No.19967 of 2026(2) dt.08-04-2026
                                                       3/3




                     Misc. No. 16722 of 2026. It has further been submitted that

                     petitioners have got no criminal antecedent.

                                  5. Learned A.P.P. for the State and learned counsel for

                     the informant have vehemently opposed the prayer for

                     anticipatory bail of the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the above named petitioners, in the event of their

                     arrest/surrender within a period of six weeks from today, be

                     enlarged on anticipatory bail on furnishing bail-bond of Rs.

                     10,000/- (Rupees Ten thousand) each with two sureties of the

                     like amount each to the satisfaction of the learned court

                     concerned, Bettiah, West Champaran in connection with

                     Chanpatiya P.S. Case No. 185 of 2025, subject to conditions as

                     laid down under section 482(2) of the B.N.S.S.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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