Patna High Court
Bacchu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, directing release of the petitioners on bond with sureties.
Summary
The petitioners, the father‑in‑law and mother‑in‑law of the complainant, sought relief fearing arrest in a dowry case filed under Sections 498A, 323 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that after a month of marriage the accused demanded dowry, assaulted the complainant and subjected her to torture. The petitioners contended that they were falsely implicated and that they live separately from the complainant. The court noted the separate residence of the petitioners and, applying the provisions of the Code of Criminal Procedure, allowed the bail application. The petitioners were ordered to be released on bail upon furnishing bonds of Rs.10,000 each with two sureties, subject to the conditions of Sections 482 and 438(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioners under the provisions of the Code of Criminal Procedure in a case instituted under Sections 498A, 323 IPC and Sections 3/4 of the Dowry Prohibition Act.
- Whether the petitioners’ separate residence and claim of false implication justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
Subjects
- dowry harassment
- bail
- false implication
- Criminal Procedure Code
- IPC
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70665 of 2025
Arising Out of PS. Case No.-1237 Year-2023 Thana- COMPLAINT CASE District- Jamui
======================================================
1. Bacchu Ram S/O Kuko Ram R/O Vill.-Tetariya, P.S.- Sono, Dist.- Jamui
2. Jaymanti Devi @ Shivrani Devi W/O Bachchu Ram R/O Vill.-Tetariya, P.S.-
Sono, Dist.- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Versa Kumari @ Warsha kumari W/O Vyas Ram R/O Vill.- Dharampur Tola,
Pyarepur, P.S.- Khaira, Dist.- Jamui, Matrimonial Vill.-Tetariya, P.S.- Sono,
Dist.- Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pandey, Advocate
For the State : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Complaint Case No.1237C of 2023 instituted under
Sections 498A, 323 of the Indian Penal Code and Section 3/4
of the Dowry Prohibition Act.
3. As per the prosecution case, the complainant is the
wife of the son of the petitioners. It is alleged that after one
month of marriage, all the accused persons started demanding
dowry and upon refusal assaulted the complainant and
subjected her to torture.
Patna High Court CR. MISC. No.70665 of 2025(4) dt.27-02-2026
2/2
4. The petitioner no. 1 is the father-in-law and
petitioner no. 2 is the mother-in-law of the complainant are
living separately.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case.
6. Considering the fact that the petitioners are living
separately, this application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Jamui/ concerned Court in
connection with Complaint Case No. 1237C of 2023, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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