Patna High Court
Soni Kumari @ Soni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Soni Kumari, sought anticipatory bail fearing arrest in a case registered under Sections 85, 115(2), 89, 318(4), 61 of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act, alleging torture and cruelty for dowry. She contended that the allegations were vague, that she is the sister‑in‑law of the second opposite party, and that the real accused – the husband of the second opposite party – is already in custody. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the nature of the accusations, the petitioner’s clean antecedents, and the risk of her being over‑implicated. It held that there was no sufficient ground to deny anticipatory bail and granted it, subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the allegations against the petitioner under the BNSS and Dowry Prohibition Act are sufficient to deny bail
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 318(4), 482(2), 61, 85, 89
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- criminal law
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- over‑implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7082 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
Soni Kumari @ Soni Devi Wife of Sri Anil Sah @ Anil Kumar Resident of
Village- Madhuri, P.S.- Purushottampur, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Beuty Kumari Wife of Sri Dipak Kumar, D/o Sri Birendra Sah Resident of
Village- Purbi Kargahiya, P.S.- Bettiah Muffasil, District- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 85, 115(2), 89, 318(4),
61 of the Bharatiya Nyaya Sanhita and Sections 3/4 of the
Dowry Prohibition Act.
3. Allegation against petitioner along with other F.I.R.
named accused persons is of commission of torture and cruelty
to the opposite party no. 2 for dowry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is married sister-in-law of opposite party no. 2 and she is simply
Patna High Court CR. MISC. No.7082 of 2026(2) dt.11-02-2026
2/2
victim of over-implication. Allegation against petitioner is
general and omnibus. Petitioner is separate in mess and property
and has got no concern with family affairs of the opposite party
no. 2 and her husband. He further submits that thrust of
accusation is against husband of the opposite party no. 2 who is
already in custody since 30.11.2025. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of her
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Bettiah, West Champaran in connection with Purushottampur P.
S. Case No. 96 of 2025, subject to condition as laid down
under Section 482 (2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
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