Patna High Court
Shanti Kunwar @ Shanti KuerversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Shanti Kunwar and Priyanka Devi, applied for anticipatory bail in a case (Bikramganj P.S. Case No. 792 of 2025) alleging offences under Sections 126(2), 115(2), 85, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating to alleged assault and torture of an informant over a dowry demand. The prosecution opposed the bail, while the petitioners contended they were innocent, highlighting that petitioner No.1 is an 86‑year‑old mother‑in‑law and petitioner No.2 is the informant’s sister‑in‑law, both women. The court considered the age, relationship, and gender of the petitioners and found no compelling reason to deny bail. Consequently, the court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 for the alleged offences.
- Whether the petitioners' age, familial relationship to the informant, and gender are relevant factors in granting anticipatory bail.
- What conditions under Section 482(2) of the BNSS must be imposed on the anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 482(2), 85
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Section 482
- women defendants
- age factor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30225 of 2026
Arising Out of PS. Case No.-792 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. Shanti Kunwar @ Shanti Kuer W/o Late Jagmohan Singh Resident of
Mohalla - Askamini Nagar, Ward No. 14, P.S - Bikramganj, District - Rohtas
2. Priyanka Devi @ Priyanka Kumari W/o Bablu Singh Resident of Mohalla -
Askamini Nagar, Ward No. 14, P.S - Bikramganj, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners seek anticipatory bail in connection
with Bikramganj P.S. Case No. 792 of 2025 registered for the
offence under Sections 126(2), 115(2), 85, 109 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the accused persons
including the petitioners are said to have assaulted and tortured
the informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.30225 of 2026(2) dt.08-05-2026
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petitioners are quite innocent and have not committed any
offence. It is further submitted that the petitioner no. 1 is aged
about 86 years who is the mother-in-law of the informant and
the petitioner no. 2 is the sister-in-law (Gotini) of the informant.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Having considered the facts and circumstances of
the case, the age of the petitioner no. 1, the relationship of the
petitioner no. 2 and the fact that the petitioners are women, this
application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds 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 the case is pending/successor court in
connection with Bikramganj P.S. Case No. 792 of 2025 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.30225 of 2026(2) dt.08-05-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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