Patna High Court
Samtola DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to anticipatory bail subject to a bail bond and sureties.
Summary
The petitioner, Samtola Devi, mother‑in‑law of the informant, applied for anticipatory bail fearing arrest in a dowry‑related case (PS Case No. 433 of 2025) involving alleged torture and assault for non‑payment of dowry. The prosecution alleged that the petitioner, along with other accused, assaulted the informant and forced her out of the house, invoking sections of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The petitioner contended that the allegations were false, she has no criminal antecedent, and the matter had been amicably settled between the husband and wife. The court, after hearing both sides, considered the lack of prior record, the settlement, and the petitioner's cooperation, and ordered that she be released on anticipatory bail upon surrendering, furnishing a bail bond of Rs.10,000 and two sureties. The order conditions the bail on surrender within four weeks and compliance with the Additional Chief Judicial Magistrate’s directions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the dowry‑related assault case
- Whether the allegations against the petitioner constitute sufficient ground to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 352, 79, 85, 89
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- assault
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3673 of 2026
Arising Out of PS. Case No.-433 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Samtola Devi W/o Chanardev Sah R/o Maulanagar, P.s.- Lauriya, Distt.-
Bettiah, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending her arrest in connection
with Lauriya P.S. Case no. 433 of 2025 registered under sections
126(2), 115(2), 89, 85, 352, 79 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and sections 3 and 4 of the Dowry Prohibition
Act.
3. As per the prosecution case, the informant was
married to the son of the petitioner herein. It is stated that the
accused persons tortured the informant for non-fulfillment of
demand of dowry by way of Rs.2,00,000/- and a four wheeler
vehicle. They threatened that the husband of the informant
would be married for the second time. The informant alleges
assault by all the accused persons and that the petitioner herein
who happens to be her mother-in-law and her sister-in-law
Patna High Court CR. MISC. No.3673 of 2026(2) dt.28-01-2026
2/3
(husband’s sister) pushed her out of the house. She was taken to
the hospital for treatment. She also aborted and was treated in
the hospital.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the
reason that she happens to be the mother-in-law of the
informant. The allegations levelled against the petitioner are
false and concocted. Referring to the order of the learned trial
Court, it is submitted that in course of hearing of the bail
application, the matter was amicably settled between the
husband and the wife/informant and they left together. It is
submitted that the petitioner is an old lady having no criminal
antecedent. She undertakes to cooperate in the investigation/
trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the contents of the order of the learned trial Court as
pointed out by learned counsel for the petitioner together with
the petitioner not having any criminal antecedent, it is directed
that the petitioner above named, in the event of her arrest or
Patna High Court CR. MISC. No.3673 of 2026(2) dt.28-01-2026
3/3
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Lauriya P.S. Case no. 433 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-I, Bettiah, West Champaran.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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