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Patna High Court

Sunaina DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                                          4/4




                        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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