Patna High Court
Shweta KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, since the primary thrust of the allegations lies against the co‑accused Gaurav Kumar and the petitioners are only immediate family members with no direct evidence, bail under Section 482(2) of the BNSS is warranted.
Summary
The petitioners, members of the family of accused Gaurav Kumar, were apprehending arrest in a dowry‑demand case (Sections 64(1), 351(2), 351(3), 3(5) of the Bhartiya Nayay Sanhita). The FIR alleged that the family demanded dowry and that Gaurav Kumar had a false pretext of marriage to establish a physical relationship. The petitioners contended that the allegations against them were vague, harassing, and that the matter had been compromised between the parties. They also disclosed that they were already on bail in another criminal case. The court examined whether the petitioners were entitled to bail under Section 482(2) of the BNSS, noting that the primary thrust of the case lay against Gaurav Kumar and that there was no direct evidence against the family members. Consequently, the court ordered bail for all five petitioners, subject to a bond of Rs 10,000 and two sureties each, under the conditions of Section 482(2).
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the Bhartiya Nayay Sanhita in view of the allegations against them.
Subjects
- dowry harassment
- bail
- criminal procedure
- family members
- Section 482
- Bhartiya Nayay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26732 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- CHAUTHAM District- Khagaria
======================================================
1. Shweta Kumari D/o Rana Singh Resident of Village- Nirpur, P.S.-
Chautham, District- Khagaria.
2. Rana Singh S/o Late Lalu Singh Resident of Village- Nirpur, P.S.-
Chautham, District- Khagaria.
3. Kiran Devi W/o Rana Singh Resident of Village- Nirpur, P.S.- Chautham,
District- Khagaria.
4. Chhotu @ Rahul Kumar S/o Rana Singh Resident of Village- Nirpur, P.S.-
Chautham, District- Khagaria.
5. Sumit Kumar S/o Rana Singh Resident of Village- Nirpur, P.S.- Chautham,
District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Aman Kumari D/o Ganesh Patel, Resident of Malpa ward no. 3, P.S.-
Chautham, District- Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Chautham P.S. Case No. 77 of
2026 registered for the offences punishable under Sections
64(1), 351(2), 351(3),3(5) of Bhartiya Nayay Sanhita.
3. As per FIR, petitioners alleged to involved in
Patna High Court CR. MISC. No.26732 of 2026(2) dt.27-04-2026
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demanding dowry from the informant as to accept her their
family members/daughter-in-law. It is also alleged that the
son of petitioner nos. 2 and 3, namely Gaurav Kumar, who
is not the petitioner for the present established physical
relationship on several occasion on false pretext of marriage.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are the family
members and parents of the named co-accused Gaurav
Kumar, against whom the thrust of allegation qua
establishing physical relationship is available. It is pointed
out that the allegation against petitioners are very much
general and omnibus in nature in the background of dowry
demand, which appears raised with harassing attitude. In
this context, it is further submitted that subsequently matter
compromised between the parties and in support of his
submission, attention of this Court was drawn towards
Annexure-2.
5. Explaining criminal antecedent, it is submitted
that petitioners are involved in one more criminal case,
where they are on bail which was lodged by his agnate.
Patna High Court CR. MISC. No.26732 of 2026(2) dt.27-04-2026
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6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of the fact as the thrust of allegation is available
against co-accused Gaurav Kumar, where petitioners prima
facie appears implicated being immediate family members,
accordingly, all five above named petitioners, in the event of
their arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
released on bail 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 C.J.M.,
Khagaria/concerned Court, where the case is pending in
connection with Chautham P.S. Case No. 77 of 2026
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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