Patna High Court
Lalbabu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail is warranted given the petitioners' clean record, the retaliatory nature of the complaint, and the pending divorce proceedings.
Summary
The petitioners, two in‑laws and a stranger, sought anticipatory bail after an FIR was lodged alleging dowry harassment, physical assault and threats under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the informant was subjected to continuous cruelty by her husband’s family and demanded a dowry of Rs.5 lakh. The petitioners contended they were innocent, had clean antecedents, and that the complaint was filed in retaliation to a divorce proceeding under Section 13B of the Hindu Marriage Act. The court examined the medical report, the divorce case records and the lack of serious injury, and noted that the informant’s husband was already in custody. Considering the circumstances, the court granted anticipatory bail subject to a bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the accused persons under the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a serious offence warranting denial of bail.
- Whether the existence of a pending divorce case and the petitioners' clean antecedent justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 76
- Hindu Marriage Act — s. 13B
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- Bharatiya Nyaya Sanhita
- Hindu Marriage Act
- Section 482
- clean antecedent
- retaliatory complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22670 of 2026
Arising Out of PS. Case No.-707 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
1. Lalbabu Singh Son of Ramprem Singh Resident of Village -Rahimapur
chandpura chakmakrand PS- Bidupur District -Vaishali
2. Raj Kumari Devi Wife of Lalbabu Singh Resident of Village -Rahimapur
chandpura chakmakrand PS- Bidupur District -Vaishali
3. Umashankar Kumar @ Umashankar son of Mishrilal Rai Resident of Village
- Dayalpur Sidhauli, Ps- Rajapakar, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Bidupur P.S. Case No. 707 of 2025 lodged on
24.12.2025, for the offence punishable under Sections 126(2),
115(2), 117(2), 109, 76, 303(2), 352, 351(2), 351(3) & 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioners. It
has been alleged by the informant that after few months of her
marriage, she was subjected to continuous physical and mental
Patna High Court CR. MISC. No.22670 of 2026(2) dt.16-04-2026
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cruelty by her husband and other in-laws. The accused persons
allegedly abused and assaulted the informant and demanded
dowry of Rs. 5 Lacs and also threatened to kill her.
Subsequently, the informant somehow saved her life.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel also submits that the petitioner nos.1 & 2 are father in
law and mother in law of the informant and petitioner no.3 is a
stranger and the informant’s husband is already in custody.
Counsel submits that a divorce case has been filed by the
husband of the informant and when the informant received
information regarding the same, then in retaliation, she has filed
the present case. Counsel submits that though, the said divorce
case has been filed under Section 13B of the Hindu Marriage
Act with her consent, but subsequently, the wife changed her
mind and under retaliation lodged the present case. He submits
that there is no injury except pain & tenderness in lower back
and pain & tenderness in right gluteal region, as per the injury
report observed by the Doctor. Counsel submits that the
examination taken place in the divorce case from both the
parties which is annexed as Annexure-P/2. The said statement
was recorded by the Principal Judge, Family Court, Vaishali,
Patna High Court CR. MISC. No.22670 of 2026(2) dt.16-04-2026
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Hajipur. Counsel further submits that the petitioners have clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In the present facts and circumstances of this case
and upon consideration of documents of divorce petition, let the
above named petitioners be released on anticipatory bail, in the
event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
C.J.M., Vaishali at Hajipur, in connection with Bidupur P.S.
Case No. 707 of 2025, subject to the conditions as laid down
U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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