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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                         3/3




                       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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