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Patna High Court

Aditi Shahi @ Aditi KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail order remains in force and the application for its cancellation is dismissed.

Summary

Aditi Shahi filed a petition seeking cancellation of the anticipatory bail previously granted to her father-in-law, Narayan Prasad Shahi, and mother-in-law, Veena Shahi, in a dowry‑related matter. The High Court noted that the earlier order dated 14‑11‑2022 had granted anticipatory bail to the opposite parties and allowed them to approach a District Mediation Centre for reconciliation. The opposite parties contended that no dowry demand was made and they were willing to treat the petitioner with dignity, but mediation could not proceed due to their advanced age and health issues. The Court examined whether there were sufficient grounds to interfere with the anticipatory bail order. Finding none, the Court dismissed the present application, leaving the anticipatory bail intact and advising the petitioner to pursue other legal remedies.

Issues considered

  • Whether the anticipatory bail granted to the father‑in‑law and mother‑in‑law should be cancelled on grounds of alleged dowry harassment
  • Whether the parties are capable of undergoing mediation for settlement

Subjects

  • anticipatory bail
  • dowry harassment
  • mediation
  • family dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38943 of 2024
                     Arising Out of PS. Case No.-277 Year-2021 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Aditi Shahi @ Aditi Kumari W/o Late Piyush Shani, D/o Lalit Narayan Singh
                 R/o Ward no 03 Dhanraj TOLA Barahia at present Piyush shahi complex Flat
                 no 505 new dak bungalow road opposite N P center, Patna, Phulwari, Patna,
                 P.S. - Kotwali, Distt. - Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Narayan Prasad Shahi s/o Late Rajendra Prasad Shahi R/o 5th Floor 505,
                 Shahi Complex New Dak Bunglow Road, P.O .- G.P.O., P.S. - Gandhi
                 Maidan, Distt. - Patna
           3.    Smt. Veena Shahi W/o Sri Narayan Prasad Shahi R/o 5th Floor 505, Shahi
                 Complex New Dak Bunglow Road, P.O.- G.P.O., P.S. - Gandhi Maidan,
                 Distt. - Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar, Advocate
                 For the State            :       Mr. Binod Kumar, APP
                 For the O.P. Nos. 2 and 3:       Mr. Rajesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   12-01-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite parties no.2

                   and 3.

                                2. By the order dated 14.11.2022, anticipatory bail

                   had been granted to the opposite parties no.2 and 3 by a Co-

                   ordinate Bench of this Court, who were petitioners in the earlier

                   application being Cr. Misc. No. 23664 of 2022.

                                3. The submissions advanced on behalf of opposite

                   parties no.2 and 3 that they neither made any demand for dowry
            Patna High Court CR. MISC. No.38943 of 2024(5) dt.12-01-2026
                                                        2/2




                      or drove her out of her matrimonial home and that they were

                      ready to keep her with full honour and dignity was also taken

                      into consideration. By the said order, a liberty had also been

                      granted to either parties to make an application before the

                      learned Court concerned for referring the matter to the District

                      Mediation Center for the purpose of reconciliation or one time

                      settlement. However, it appears that the mediation could not

                      materialize as the opposite parties being father-in-law and

                      mother-in-law, by virtue of their advanced age and other

                      ailments, as submitted by the learned counsel for the opposite

                      parties no. 2 and 3, are not in a position to attend the mediation

                      proceedings.

                                   4. In any view of the matter, the present case involves

                      the anticipatory bail application of the old and ailing father-in-

                      law and mother-in-law and I see no reason to interfere with the

                      said order granting anticipatory bail and in view of the same the

                      present application is dismissed. However, the petitioner would

                      always be at liberty to take recourse to other remedies available

                      to her in law.



                                                (Soni Shrivastava, J)
anand/-
U       T


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