Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S., 2023.
Summary
Shobha Devi, the mother‑in‑law of an informant, sought anticipatory bail after an FIR alleged that she, along with other accused, tortured the informant for failing to pay a Rs 5,00,000 dowry and expelled her from the matrimonial home. The FIR invoked Sections 126(2), 115(2), 85, 89, 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner asserted she had a clean antecedent, was separate in mess and property, and had no involvement in the couple’s affairs, while the husband of the informant was already in custody. The State opposed the anticipatory bail. The Court, after considering the facts, granted anticipatory bail on the condition of furnishing bail bonds of Rs 10,000 each with two sureties and compliance with Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S., 2023.
- Whether the petitioner is likely to be implicated in the offences alleged under the B.N.S., 2023 and the Dowry Prohibition Act.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 482(2), 85, 89
- Dowry Prohibition Act — s. 3, 4
Subjects
- dowry
- anticipatory bail
- criminal procedure
- torture
- cruelty
- matrimonial home
- Section 482
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2757 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Shobha Devi Wife of Vinesari Sah @ Bindeshwari Sah Resident of Village-
Santghat Mahavir Nagar Police station -Bairiya District -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. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. The petitioner apprehend arrest in a case registered
for the offence under Sections 126(2), 115(2), 85, 89, 3(5) of
B.N.S., 2023 and Sections 3 / 4 of the Dowry Prohibition Act.
3 . As per F.I.R., all the accused persons along with
petitioner committed torture and cruelty to the informant due to
non-fulfillment of Rs. 5,00,000/-, as additional dowry, and
lastly, ousted her from the matrimonial home .
4. Petitioner is mother-in -law of the informant.
Thrust of the accusation is against husband of the informant,
who is already in custody since 13.08.2025 . Petitioner is
separate in mess & property and has got no concern with the
affairs of the couple . Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.2757 of 2026(2) dt.11-02-2026
2/2
5 . Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioner.
6. However, considering the aforesaid facts and
circumstances, let the above named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Bettiah, District – West
Champaran in connection with Bairiya P.S. Case No. 172 of
2025 , subject to condition as laid down under Section 482(2) of
the B.N.S.S., 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U
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