Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 of the B.N.S.S.
Summary
The petitioners, Poonam Devi and Vijay Kumar Sahu, mother‑in‑law and father‑in‑law of the informant, were accused of torture, cruelty, dowry harassment and ousting the informant from her matrimonial home under several sections of the B.N.S., 2023 and the Dowry Prohibition Act. They filed an anticipatory bail petition fearing arrest. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioners surrender within eight weeks, furnish bail bonds of Rs 10,000 each with two sureties, and comply with the conditions of Section 438(2) CrPC and Section 482 of the B.N.S.S. The order effectively protects the petitioners from immediate arrest while the investigation proceeds.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the allegations of torture, cruelty and dowry offences.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 85
- B.N.S.S. — s. 482
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- cruelty
- torture
- Section 438 CrPC
- Section 482
- family dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5525 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- MAHILA PS District- Darbhanga
======================================================
1. Poonam Devi Vijay Kumar Sahu @ Vijay Kumar Sah @ Vijay Sahu @
Vijay Sah @ Vijay Kumar Sah Village- Susari Ps- Baheri District-
Darbhanga
2. Vijay Kumar Sahu @ Vijay Kumar Sah @ Vijay Sahu @ Vijay Sahu @
Vijay Sah S/o- Late Gosain Sah @ Gosai Sahu @ Dasai SAh Village- Susari
Ps- Baheri District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. GaganDeo Yadav and Mr. Ravi Prakash
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 85, 126(2), 115(2),
351(2), 352, 3(5) of the B.N.S., 2023 and Section 3 / 4 of the
Dowry Prohibition Act.
3. Allegation against petitioners is of commission of
torture and cruelty to the informant for dowry and lastly, the
informant was ousted from her matrimonial house.
4. Petitioner no. 1 is mother-in-law and petitioner no.
2 is father-in-law of the informant. Thrust of the accusation is
against husband of the informant. Petitioners are separate in
mess and property and have got no concern with the family
Patna High Court CR. MISC. No.5525 of 2026(2) dt.04-02-2026
2/2
affairs of complainant and her husband.
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail of petitioners.
6. However, considering the aforesaid facts and
circumstances, let the above named petitioners, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Darbhanga in connection with
Darbhanga Mahila P.S. Case No. 137 of 2025, subject to
condition as laid down under Section 438(2) of the Code of
Criminal Procedure/ Section 482 of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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