Patna High Court
Sunaina DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners, subject to bond and surety conditions, finding no impediment under Section 82 CrPC or the pending case.
Summary
The petitioners, who are the mother‑in‑law, father‑in‑law and brother‑in‑law of the complainant, applied for bail fearing arrest in a dowry‑harassment case (Sections 498A IPC and 3/4 Dowry Prohibition Act). They claimed that they had been granted protection under Section 41A CrPC during investigation and that a declaration under Section 82 CrPC does not bar anticipatory bail, relying on Asha Dubey v. State of Madhya Pradesh. The State opposed bail, alleging the petitioners directly participated in torturing the complainant for dowry. The Court noted that a related criminal miscellaneous case against the complainant was pending and that the petitioners have a clean antecedent. Accordingly, the Court ordered their release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, including that one bailor be a close family member.
Issues considered
- Whether the petitioners are entitled to bail despite the pending dowry‑harassment charges under Sections 498A IPC and 3/4 Dowry Prohibition Act.
- Whether a declaration under Section 82 CrPC bars the grant of anticipatory bail.
- Whether the petitioners' alleged involvement in the alleged torture warrants denial of bail.
Legislation cited
- Bihar Negotiable Sale (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 41A, 82
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- Section 498A
- anticipatory bail
- Section 41A CrPC
- Section 82 CrPC
- Section 482(2) BNSS
- family law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36269 of 2026
Arising Out of PS. Case No.-168 Year-2022 Thana- SAHPUR District- Patna
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1. Sunaina Devi S/o Ram Khelari Singh @ Ramakhelari Singh @ Ramkhilari
Singh @ Ramkhelri Singh, Resident of Village - Rahimapur, P.S. - Bidupur,
District - Vaishali.
2. Ram Khelari Singh @ Ramakhelari Singh @ Ramkhilari Singh @
Ramkhelri Singh, S/o Late Ram Bali Singh Resident of Village - Rahimapur,
P.S. - Bidupur, District - Vaishali.
3. Chandan Kumar @ Balram Singh, S/o Ram Khelari Singh @ Ramakhelari
Singh @ Ramkhilari Singh @ Ramkhelri Singh, Resident of Village -
Rahimapur, P.S. - Bidupur, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baby Kumari W/o Shubham Kumar @ Prem Kumar Yadav @ Subham
Kumar, Resident of Village - Rahimapur, P.S. - Bidupur, District - Vaishali.
at present Villlage - Mubarakpur, P.S. - Shahpur, Dist. - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 02-06-2026 Heard learned Advocate for the petitioners and
learned APP for the State through virtual mode.
2. The petitioners before this Court, who happen to be
mother-in-law, father-in-law and brother-in-law of O.P. No.2 are
apprehending their arrest in connection with Tr. No. 4061 of
2024 arising out of Shahpur P.S. Case No.168 of 2022 (G.R.
767/24) registered for the offences punishable under Sections
498A of the Indian Penal Code and Section 3/4 of the Dowry
Prohibition Act.
Patna High Court CR. MISC. No.36269 of 2026(2) dt.02-06-2026
2/4
3. Allegedly, the marriage of the son of petitioners
no.1 and 2 was solemnized with O.P. No.2 on 03.07.2017, and
soon after the marriage she was subjected to demand of dowry.
On account of non-fulfillment of the same, she was tortured in
various ways. There is allegation that when the informant was
pregnant, she was also assaulted and ousted from the
matrimonial home.
4. Learned Advocate for the petitioners submitted that
during the investigation, the petitioners were accorded the
privilege of Section 41A of the CrPC. However, after
completion of the investigation, the charge-sheet has been
submitted and cognizance has been taken for the offences
punishable under Section 498A of the Indian Penal Code and
Section 3/4 of the Dowry Prohibition Act. It is further contended
that the husband of O.P. No.2 has also filed a restitution case,
being Restitution (Matrimonial) Case No. 175 of 2022 before
the learned Principal Judge, Family Court, Hajipur, Vaishali.
However, on account of negligence, the said case was dismissed
for want of prosecution. It is also contended that after taking
cognizance of the offences, summons have been issued but it
has never been served upon the petitioners; in the meantime, the
process under Section 82 CrPC has been issued. However, the
Patna High Court CR. MISC. No.36269 of 2026(2) dt.02-06-2026
3/4
law is well settled that even in the event of declaration under
Section 82 of the CrPC, it is not as if in all cases that there will
be a total embargo on considering the application for grant of
anticipatory bail. To support the aforesaid contention, reliance
has also been made on a decision rendered by the Hon’ble Apex
Court in Asha Dubey v. State of Madhya Pradesh [2024 SCC
OnLine SC 5633]. It is lastly contended that the husband of O.P.
No.2 has also filed a Criminal Miscellaneous No. 36128 of
2026, wherein notice has been issued to O.P. No.2 and the
matter is pending adjudication before this Court. The petitioners
bear fair antecedent.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
there is a specific accusation against the petitioners of causing
torture to the informant on account of non-fulfillment of
demand of dowry.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties, and taking note
of the fact that in Criminal Miscellaneous No. 36128 of 2026
notice has already been issued to O.P. No.2 and the matter is
pending adjudication; so far as the petitioners are concerned
they are the parents-in-law as well as brother-in-law
Patna High Court CR. MISC. No.36269 of 2026(2) dt.02-06-2026
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respectively as well as their fair antecedent, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Danapur, Patna in connection
with Tr. No. 4061 of 2024 arising out of Shahpur P.S. Case
No.168 of 2022 (G.R. 767/24), subject to the condition as laid
down under Section 482(2) of the BNSS, with further condition
that one of the bailors shall be the own/close family members of
the petitioners.
(Harish Kumar, J)
rohit/-
U T
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