Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Anita Devi and Prithvi Prasad Gupta, are the mother‑in‑law and father‑in‑law of the informant, Sapna Kumar, in a dowry‑related case (Haraiya PS Case No.107 of 2025). The prosecution alleges offences under Sections 126(2), 115, 74, 75, 85, 89 of the B.N.S and Section 3 of the Dowry Prohibition Act, relating to cruelty and alleged illicit relationship of the husband. The petitioners filed an application for anticipatory bail, contending that the main dispute is between the husband and wife and that the allegations against them are merely omnibus. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail to the petitioners subject to a bail bond of Rs 10,000 with two sureties each and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the mother‑in‑law and father‑in‑law accused under the listed sections of the B.N.S and Dowry Prohibition Act.
Legislation cited
- B.N.S. — s. 115, 126(2), 74, 75, 85, 89
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
Subjects
- anticipatory bail
- dowry harassment
- cruelty
- in‑laws liability
- B.N.S
- Dowry Prohibition Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27440 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- Haraiya District- East Champaran
======================================================
1. Anita Devi Wife of Prithvi Prasad Gupta Resident Of Village - Tumaria
Tola, Ward No 2, Naya Basti, Ps -Haraiya, District -East Champaran
2. Prithvi Prasad @ Prithvi Prasad Gupta @ Prithvi Raj Pd. son of Late
Lalbabu Prasad Gupta Resident Of Village - Tumaria Tola, Ward No 2, Naya
Basti, Ps -Haraiya, District -East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sapna Kumar Daughter of Maneger Prasad Resident Of Village -
Pakaridayal, Po- Pakaridayal, Ps- Pakaridayal, Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar, Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
connection with Haraiya P.S. Case No. 107 of 2025 in a case
registered for the offence punishable under Sections 126(2),
115, 74, 75, 85, 89 of the BNS and Sections ¾ of the D.P. Act.
3. As per the prosecution case, the informant got
married to co-accused Prakash Kumar. The allegation relates to
subjecting the informant to cruelty on account of non-fulfillment
of dowry demand and illicit relation of husband.
Patna High Court CR. MISC. No.27440 of 2026(2) dt.01-05-2026
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4. Learned counsel for the petitioners submits that the
petitioners are the mother-in-law and father-in-law of the O.P.
No. 2 (the informant). There are general and omnibus allegation
made in the first information report. However, specific
allegation is against the husband of having illicit relationship
with some other female and it is asserted that this was the basic
reason for the dispute between the husband and the wife. It is
further submitted that no doubt, some allegations has also been
attributed to the father-in-law i.e. petitioner no. 2 but the same
has been done with a view to implicate the in-laws as accused in
the present typed written statement.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioners
are the mother-in-law and father-in-law of the informant and the
main dispute is with regard to the husband, let the above named
petitioners, in the event of their arrest or surrender before the
learned Court below within a period of four weeks from today,
be enlarged on 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 below where
Patna High Court CR. MISC. No.27440 of 2026(2) dt.01-05-2026
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the case is pending/successor court in connection with Haraiya
P.S. Case No. 107 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
U T
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