Patna High Court
Bachhi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioners, being in‑laws living separately, are not liable for the alleged cruelty and are entitled to bail.
Summary
The petitioners, Bachhi Devi and Subelal Chaurasiya, were named in a complaint (Case No. 636 of 2023) alleging cruelty under Section 498A IPC and Section 4 of the Domestic Violence Act, stemming from the complainant's husband taking a second marriage. The petitioners, who are the complainant's in‑laws, contended that they live separately from their son (the husband) and have no involvement in his domestic affairs. The learned counsel for the informant could not refute this factual submission. The court observed that the alleged cruelty was directed at the husband, not the in‑laws, and that there was no material linking the petitioners to the offence. Consequently, the court ordered that the petitioners be released on bail with a bond of Rs. 10,000 each, subject to the conditions of Section 482(2) of the CrPC. The bail order effectively disposed of the petition.
Issues considered
- What is the liability of in‑laws, who live separately, for alleged cruelty under Section 498A IPC and Section 4 of the Domestic Violence Act?
- Whether the petitioners should be arrested or can be released on bail pending trial?
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 498A
- Protection of Women from Domestic Violence Act — s. 4
Subjects
- bail
- cruelty
- Section 498A
- Domestic Violence Act
- in‑laws
- separation
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51086 of 2025
Arising Out of PS. Case No.-636 Year-2023 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
1. Bachhi Devi S/O Subelal Chaurasiya Resident of village- Bela, PS- Halsi,
District- Lakhisarai
2. Subelal Chaurasiya S/O Late Prayag Chaurasiya Resident of village- Bela,
PS- Halsi, District- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nikki Kumari W/O Mukesh Chaurasiya Resident of village- Bela, PS- Halsi,
District- Lakhisarai At present, D/O Ravindra Kumar, S/O Late Tetar
Chaurasiya,R/O Village-Sathe, PS-Roh, Distt-Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, Adv
For the Informant : Mr. Jitendra Kr. Giri, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 06-01-2026 Heard the parties.
2.The petitioners are named in the complaint
case and apprehending their arrest in connection with
Complaint Case No. 636 of 2023 registered for the
offences punishable under Sections 498A of IPC and
Section 4 of D.P. Act.
3. The allegation against petitioners is to commit
cruelty upon complainant. Petitioners are in-laws.
4. It is submitted by learned counsel appearing
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on behalf of the petitioners that both petitioners being in-
laws are living separately with their son who is the
husband of the complainant and thus having no concern
with their daily and domestic affairs. It is pointed out that
as the husband of the complainant solemnized his second
marriage, therefore, to harass entire family these
petitioners being parents of husband of complainant,
without having any cogent material implicated with
present case with general and omnibus allegation.
5. Learned APP duly assisted by Mr. Jitendra Kr.
Giri learned counsel for the informant could not disputed
the aforesaid factual submission.
6. In view of aforesaid factual submission and
by taking note of fact as the petitioners are in-laws
claimed to living separately where thrust of allegation as
to commit cruelty by way of solemnizing another marriage
is against husband, accordingly both above-named
petitioners, in the event of their arrest or surrender
before the court below within a period of four weeks, are
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directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
SDJM, Nawada /concerned Court, where the case is
pending in connection with Complaint Case No. 636 of
2023, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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