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Patna High Court

Juhi Praveen @ JuhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the doubtful nature of the allegations and the possibility of false implication, bail should be granted to the petitioners subject to conditions.

Summary

The petitioners, Juhi Praveen, Md. Shaukat and Muskan Praveen, were implicated in a dowry harassment case (PS Case No. 361 of 2025) alleging demand of Rs. two lakh, assault and eviction of the informant, who is their daughter‑in‑law. The petitioners contended that they never demanded dowry, that the marriage was a love marriage without their consent, and that they have lived separately from the informant, filing an earlier informatory petition alleging false implication. The State and the informant maintained that the petitioners assaulted the informant and forced her out of her matrimonial home. The Court examined the doubtful and non‑specific nature of the allegations and the possibility of false implication. Relying on Section 482(2) of the CrPC, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with additional conditions. The order was made subject to the petitioners appearing before the trial court as required.

Issues considered

  • Whether the allegations against the petitioners constitute a false implication warranting bail.
  • Whether bail can be granted under Section 482(2) of the CrPC in a dowry harassment case.

Legislation cited

Subjects

  • dowry harassment
  • false implication
  • bail
  • CrPC Section 482
  • domestic violence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29044 of 2026
                      Arising Out of PS. Case No.-361 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
           1.     Juhi Praveen @ Juhi Wife of Md. Shaukat @ Md. Shoukat @ Saukat
                  Resident of Mohalla- Shah Ki Imli, Mazar Ke Samne, Jinnati Masjid, Police
                  Station- Khajekalan, District-Patna (Bihar).
           2.    Md. Shaukat @ Md. Shoukat @ Saukat Son of Late Murtuja Resident of
                 Mohalla- Shah Ki Imli, Mazar Ke Samne, Jinnati Masjid, Police Station-
                 Khajekalan, District-Patna (Bihar).
           3.    Muskan Praveen @ Muskan Parween Daughter of Md. Shaukat @ Md.
                 Shoukat @ Saukat Resident of Mohalla- Shah Ki Imli, Mazar Ke Samne,
                 Jinnati Masjid, Police Station- Khajekalan, District-Patna (Bihar).

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Akash Kumar Mishra, Advocate
                                                 Mr. Parijat Karan, Advocate
                 For the State           :       Mr.Surendra Prasad Singh, APP
                 For the Informant       :       Ms. Shifa Khan, Advocate
                                                 Ms. Shivani Roy, Advocate
                                                 Mr. Manas Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State as well as learned counsel appearing on behalf

                   of the informant.

                                     2. In the present case, the petitioners are

                   apprehending their arrest in connection with Khajekalan P.S.

                   Case No. 361 of 2025 registered for the offences under Sections

                   85, 115(2), 351(2), 352, 3(5) of BNS and Section 3/4 of Dowry

                   Prohibition Act.
Patna High Court CR. MISC. No.29044 of 2026(2) dt.06-05-2026
                                            2/4




                             3. As per prosecution case, the informant was

          married with co-accused Md. Rafique and the petitioners are

          parents-in-law and sister-in-law of the informant. The allegation

          against the petitioners and other co-accused persons is that they

          used to demand Rs.Two lakhs as dowry and on non-fulfillment

          of the demand, they used to assault the informant and drove her

          out from their house.

                            4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. The petitioners have not demanded any dowry and

          never tortured the informant and the son of petitioner nos. 1 and

          2 was a love marriage without the consent and approval of the

          petitioners and the petitioners have been living separately from

          the informant and her husband since the very beginning of their

          matrimonial life. Since they have been residing separately, there

          was no question of day-to-day interference or committing

          cruelty by the petitioners. Much before the institution of the

          present FIR, petitioner no. 1 has already filed informatory

          petition before the learned ACJM-I, Patna City bearing

          Informatory Petition No. 2304 of 2025 apprehending false

          implication. Learned counsel further submits that, moreover, the

          allegations are non-specific, general and omnibus. The
Patna High Court CR. MISC. No.29044 of 2026(2) dt.06-05-2026
                                            3/4




          petitioners are having clean antecedent.

                       5. Learned APP as well as learned counsel appearing

          on behalf of the informant vehemently oppose the submission

          made on behalf of the petitioners. Learned counsel for the

          informant submits that the informant lived peacefully for

          sometime in her matrimonial home and thereafter, driven out

          from her matrimonial home and the petitioners assaulted the

          informant in her rented house and thereafter, the husband of the

          informant absconded leaving her behind.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          completely doubtful nature of allegation against the petitioners

          and possibility of false implication, let the petitioners above

          named, in the event of their arrest or surrender before the court

          concerned within a period of eight weeks from today, be

          released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) each with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate,

          Ist Class, Patna City/concerned court in connection with

          Khajekalan P.S. Case No. 361 of 2025, subject to the condition

          as laid down under Section 482(2) of the B.N.S.S. and other

          following conditions :
            Patna High Court CR. MISC. No.29044 of 2026(2) dt.06-05-2026
                                                        4/4




                                                      (i) One of the bailors will be a close

                                                      relative of the petitioners.

                                                      (ii) The petitioners will remain present

                                                      on each and every date fixed by the

                                                      court below, if so required by the

                                                      learned trial court.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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