Patna High Court
SANJU DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations against the petitioners are general and omnibus, and therefore they are entitled to bail.
Summary
The petitioners—Sanju Devi, Rakhi Devi and Jhalendra Prasad—were named in an FIR for alleged assault, mental and physical cruelty, and dowry harassment under IPC sections 498‑A and 365 and the Dowry Prohibition Act. The FIR also alleged that the informant’s daughter went missing after the alleged assault and that a dowry demand of Rs 5 lakhs was not met. The petitioners contended that the allegations were general and omnibus, that the substantive conduct was attributable only to the son‑in‑law Amar Kumar, and that they have clean antecedents. The State opposed bail, while the informant’s counsel reiterated that the daughter remained missing. The High Court, noting the lack of specific incriminating material against the petitioners and their clean record, granted bail to each petitioner on a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to bail despite the FIR alleging assault and dowry harassment.
- Whether the allegations against the petitioners are sufficiently specific to justify denial of bail.
- Whether Section 438(2) of the CrPC and Section 482(2) of the BNSS can be invoked to grant bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 365, 498-A
Subjects
- bail
- dowry harassment
- IPC 498-A
- Dowry Prohibition Act
- Criminal Procedure Code
- general allegations
- omnibus charge
- missing person
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59530 of 2024
Arising Out of PS. Case No.-829 Year-2023 Thana- HILSA District- Nalanda
======================================================
1. Sanju Devi, Wife of Jhalendra Prasad
2. Rakhi Devi, Wife of Amit Kumar
3. Jhalendra Prasad, Son of Late Bhagwat Prasad
All are R/o Village- Chandaut, P.S.- Hilsa, Distt.- Nalanda
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Anil Kumar Singh, Advocate
Mr. Satyendra Prasad Singh, Advocate
For the State : Mr. Navin Kumar Pandey, APP
For the Informant : Mr. Rajeev Kumar, Advocate
Mr. Gautam Shah, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 03-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State duly
assisted by learned counsel appearing for the informant.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Hilsa P.S. Case
No.829 of 2023 registered under Sections 498-A, 365 of the
Indian Penal Code as well as Sections 3 and 4 of the Dowry
Prohibition Act.
3. As per FIR, the petitioners along with other co-
accused persons badly assaulted the daughter of informant,
Patna High Court CR. MISC. No.59530 of 2024(7) dt.03-02-2026
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which was reported to him over telephone on 12.12.2023
thereafter, the son-in-law of informant informed him over
telephone that his daughter is missing since 13.12.2023. The
allegation to commit mental and physical cruelty is also
available as per FIR due to non-fulfilment of dowry as raised
for cash of Rs.5 lakhs.
4. It is submitted by learned counsel appearing for
petitioners that the petitioners are in-laws and facing general
and omnibus allegation as per FIR, where thrust of allegation
is available against son-in-law of informant, who is son of
petitioner nos. 1 and 3 namely, Amar Kumar. It is submitted
that allegation of physical assault is also available against him
only. It is submitted that all petitioners are men of clean
antecedent.
5. Learned APP opposed the prayer of bail.
6. Learned counsel appearing for informant while
opposing the prayer of bail submitted that still the daughter of
informant is missing.
7. Taking note of aforesaid submission, learned
counsel appearing for petitioners drawn attention of this Court
Patna High Court CR. MISC. No.59530 of 2024(7) dt.03-02-2026
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towards paragraph 180 of the case diary, where it appears
that the daughter of informant after living her matrimonial
home joined immoral activities.
8. In view of aforesaid factual submissions and by
taking note of fact as allegation qua committing physical and
mental cruelty against the petitioners are very much general
and omnibus, who are in-laws and are of clean antecedent,
accordingly, all three above-named petitioners, in the event of
their arrest or surrender in the court below within a period of
four weeks, are directed to be released on bail on 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 Additional Chief Judicial Magistrate-I, Hilsa, Nalanda
in connection with Hilsa P.S. Case No.829 of 2023, subject to
the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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