Patna High Court
Mano DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the petition for anticipatory bail, directing release on bail bond subject to conditions.
Summary
The petitioners—Mano Devi, Pappu Prasad and Bablu Kumar—sought anticipatory bail fearing arrest in a case registered under IPC sections 376, 504, 506, 34 and Dowry Prohibition Act sections 3 and 4. The prosecution alleged that co‑accused Deepu Kumar had raped a woman under a false pretext of marriage and that a dowry of Rs 10,00,000 was paid to his father, after which the marriage was refused. The petitioners contended they were unrelated to the alleged rape, being only relatives of Deepu Kumar, and that the FIR contained no specific accusation against them; they also highlighted their clean antecedents. The State and the informant opposed the bail, arguing the seriousness of the offences. The High Court, considering the general nature of the accusation, the petitioners’ clean record and lack of specific charges, granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted when the accused are only relationally linked to the principal accused and no specific allegation is made against them.
- Whether the seriousness of the alleged offences (rape, dowry) precludes the grant of anticipatory bail.
- Whether clean antecedents and the absence of overt acts against the petitioners justify bail under the inherent powers of the High Court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 376, 504, 506
Subjects
- anticipatory bail
- rape
- dowry
- false pretext of marriage
- Section 482 CrPC
- high court
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6154 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- NARHATT District- Nawada
======================================================
1. Mano Devi Wife of Pappu Prasad @ Pappu Prasad Verma Resident of
Village- Baniyan Bigha P.S- Narhat District -Nawada
2. Pappu Prasad @ Pappu Prasad Verma son of late Bhatu Mahto Resident of
Village- Baniyan Bigha P.S- Narhat District -Nawada
3. Bablu Kumar @ Tilakdhari Kumar Verma Son of Tulsi Mahto Resident of
Village-Mahiyan, Ps- Mohanpur, Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Daughter of Late Rajendra Prasad Resident of Village- Baniyan Bigha
P.S- Narhat District -Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sanjeev Kumar , Advocate
For the State : Ms. Sangeeta Sharma, APP
For the Informant : Mr. Arun Kumar Arun, Advocate
Mr. Ramnaresh Singh, Advocate
Mr. Anil Kumar, Advocate
Mr. Karamchand Kumar, Advocate
Mr. Rajiv Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 376, 504,
506 and 34 of the Indian Penal Code and Sections 3 and 4 of the
Dowry Prohibition Act.
3. As per prosecution case, in the year 2023,
informant met co-accused Deepu Kumar and thereafter, on the
Patna High Court CR. MISC. No.6154 of 2026(3) dt.20-02-2026
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false pretext of marriage, he committed rape upon her. It is
further alleged that in the year 2024, Rs. 10,00,000/- was given
to father of co-accused Deepu Kumar, namely Tulsi Mahto, as
dowry, however, subsequently, the accused persons refused to
solemnize marriage.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of committing rape upon the
victim on the false pretext of marriage is against co-accused
Deepu Kumar. Petitioners have falsely been implicated in this
case merely because Petitioner No. 1 happens to be married
sister, Petitioner No. 2 happens to be brother-in-law and
Petitioner No. 3 happens to be brother of co-accused Deepu
Kumar. In the prosecution case, the informant has not disclosed
as to how the alleged money was given her and as per F.I.R., the
same was given to father of co-accused Deepu Kumar. There is
no specific accusation of overt act against these petitioners.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.6154 of 2026(3) dt.20-02-2026
3/3
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Nawada in
connection with Narhat P.S. Case No. 122 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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