Patna High Court
Bibha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Bibha Devi, sister‑in‑law of the alleged victim, sought anticipatory bail fearing arrest in a dowry‑related torture case (Kartaha P.S. Case No. 38 of 2025). The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The petitioner contended she was innocent and that the allegations were general and omnibus. The State opposed the bail. Considering the facts, the Court allowed the anticipatory bail, directing the petitioner to surrender within four weeks and furnish bail bonds with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry‑related offences.
- Whether the allegations made by the prosecution justify arrest pending trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118, 118(2), 3(5), 351(3), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64680 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- KARTAHA District- Vaishali
======================================================
Bibha Devi wife of Tuntun Sahni @ Tun Tun Kumar Sahni Resident of
village- Patepur P.S. -Kartahan District -Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Budni Devi W/o-Ashok Sahni, R/o-Vill-Lobha Pinjarauli, P.S-Tisiauta, Dist-
Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 15-01-2026 Seen the office notes. Service of notice is treated to be
valid.
2. The petitioner apprehends arrest in connection with
Kartaha P.S. Case No. 38 of 2025 registered for offences under
Sections 118(2), 118, 115(2), 109(1), 85, 352, 351(3) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the DP
Act.
3. As per the prosecution case, the petitioner is
accused of torturing the victim due to non-fullfilment of demand
of dowry.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
Patna High Court CR. MISC. No.64680 of 2025(4) dt.15-01-2026
2/2
He further submits that the petitioner is the sister-in-law
(Gotani) of the victim and there is general and omnibus
allegation against her.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Vaishali at Hajipur/concerned Court below
in connection with Kartaha P.S. Case No. 38 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…