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Patna High Court

Rajneeti Kunwar @ Lalan KunwarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Petitioner No.2 is entitled to anticipatory bail under Section 482(2) of the BNS, 2023, whereas petitioner No.1 is not.

Summary

The petitioners, Rajneeti Kunwar and Babita Devi, sought anticipatory bail in a dowry‑related case (Criminal Misc. No.74341 of 2025) alleging false implication. The FIR alleged that the victim was assaulted by her husband and other family members, but the petitioners argued that the husband and sister‑in‑law were not present at the alleged scene, as shown by mobile tower data and attendance records. The State’s APP contended that the mother‑in‑law’s 112 call initiated the investigation, which led to the FIR. The Court examined the credibility of the allegations, the evidentiary gaps, and the risk of arrest. It granted anticipatory bail to petitioner No.2 (Babita Devi) subject to bail bonds and sureties, but refused the same relief to petitioner No.1 (Rajneeti Kunwar). The personal appearance of the police officials was dispensed with.

Issues considered

  • Whether petitioner No.1 is entitled to anticipatory bail under Section 482 of the BNS, 2023.
  • Whether petitioner No.2 is entitled to anticipatory bail under Section 482 of the BNS, 2023.
  • Whether the FIR and the allegations against the petitioners are prima facie false or lack sufficient basis for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • false implication
  • FIR
  • mobile tower location
  • Section 482
  • Criminal Procedure Code
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74341 of 2025
                      Arising Out of PS. Case No.-109 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
           1.     Rajneeti Kunwar @ Lalan Kunwar S/o Late Bano Kunwar (In FIR 60 Years)
                  R/o Village - Bachauta, P.S - Morkahi, District - Khagaria
           2.    Babita Devi @ Vibha Devi W/o Rajneeti Kunwar @ Lalan Kunwar (In FIR
                 55 Years) R/o Village - Bachauta, P.S - Morkahi, District - Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Aditya Kumar S/o Late Ratan Prasad Singh R/o - Sanhauli, P.S - Chitragupt
                 Nagar, District - Khagaria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Samrendra Kumar Jha, Advocate,
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 For the Informant        :       Mr. Abdul Mannan Khan, Advocate
                                                  Mr. Hafiz Shahbaz Arif, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   15-01-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State, Mr. Chandra Bhushan Prasad and the

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 118(2), 109, 117(2), 85 and 3(5) of the BNS,

                   2023 read with Sections 3 and 4 of the Dowry Prohibition Act.

                                3. The SHO, Morkahi Police Station and the

                   Investigating Officer of the case, in compliance of the order

                   dated 17.12.2025, are present in the Court.
Patna High Court CR. MISC. No.74341 of 2025(5) dt.15-01-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners have antecedent of two cases and the informant

          alleges that his sister was married to Krishna Kumar about three

          years back, out of the wedlock, a child was born, after marriage

          the victim was tortured for non fulfillment of demand of dowry

          of Rs. 25 Lakhs and a motorcycle, next alleges that on

          12.07.2025, Krishna Kumar assaulted her by a sharp edged

          weapon causing injury on neck and jaw, thereafter father-in-law

          also assaulted by a sharp weapon causing injury on cheek,

          further the mother-in-law, sister-in-law along with two unknown

          accused assaulted causing fracture of hand and also slit the

          nerve and assaulted on leg and considering her dead, the family

          members threw her in a ditch, further police admitted the victim

          at Kalpana Nursing Home, the nursing home informed the

          informant accordingly, he came and thereafter came to know

          that victim was having injury on head for which she was

          operated.

                       5. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case being

          father-in-law and mother-in-law of the victim. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that the date of occurrence of assault is
Patna High Court CR. MISC. No.74341 of 2025(5) dt.15-01-2026
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          alleged to be 12.07.2025 and the informant alleges that police

          admitted the victim in the hospital on the said date itself, but

          then no FIR came to be instituted. It is next submitted that the

          instant FIR was instituted on 18.07.2025 by the informant and

          not by the victim. It is further submitted that during the course

          of investigation, it has come that on 12.07.2025 Krishna Kumar

          was not present at the place of occurrence rather tower location

          of his mobile was showing that he was in Patna. It is submitted

          that Krishna Kumar runs a coaching institute in Patna at

          Punaichak, Rajbanshi Nagar. It is further submitted that sister-

          in-law of the victim is an ANM posted at PHC, Mahishi Block,

          Saharsa. It is submitted that on the said date of occurrence even

          the sister-in-law was not present at the place of occurrence.

                       6. The SHO and the Investigating Officer of the case

          who are present in the Court submits that that they received

          information about the occurrence as the informer called on 112.

          It is submitted that the information was provided by the mother-

          in-law of the victim who disclosed that petitioner no. 1 i.e. her

          husband had assaulted the victim causing injury on her face. It is

          next submitted that based on the said information, the police

          came and recovered the victim from a place adjacent to her

          house and took her to the hospital, on query of the Court that as
Patna High Court CR. MISC. No.74341 of 2025(5) dt.15-01-2026
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          to why no FIR came to be instituted instantly based on the

          information provided by the mother-in-law of the victim

          through 112, on which it is submitted that the earlier SHO was

          in contact with the family and as such they are not aware that as

          to why an FIR was not instituted then, but then it is fairly

          submitted that during the course of investigation, it transpired

          that tower location of the husband of the victim was found on

          the date of occurrence at Patna, further it is submitted that the

          Investigating Officer personally had gone to Saharsa for

          investigating about the role of the sister-in-law and it transpired

          that even sister-in-law on the date of occurrence was not present

          at the place of occurrence rather was at Saharsa and the same

          was testified by her superior and the attendance register.

                       7. At this stage, the learned counsel appearing on

          behalf of the petitioners submits that prima facie during the

          course of investigation, it transpired that husband and sister-in-

          law of the victim were not even present at the place of

          occurrence, but then they have been implicated in the instant

          case. It is next submitted that though it is being submitted that it

          was the mother-in-law of the victim who informed the police

          about the occurrence, but then it is submitted that she has also

          been made an accused in the instant case, it is thus submitted
Patna High Court CR. MISC. No.74341 of 2025(5) dt.15-01-2026
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          that it appears that the entire occurrence was manipulated or the

          injuries were self inflicted. It is next submitted that had the

          father-in-law been involved in the occurrence whether his wife

          would have called the police and informed that father-in-law

          assaulted leading to injury on face. It is also submitted that after

          the victim was admitted in the hospital, the doctor examined the

          victim and found lacerated wound over left side of face size 5

          cmx1/2 cmx1/4 cm, neck, eyelid, left and right hands and

          forearm and the injury was opined to be grievous.

                       8. At this stage, the learned APP for the State submits

          that it was mother-in-law of the victim who had called the police

          and informed about the occurrence that her husband is having a

          fight with the victim and he has assaulted her on her face

          causing injury based on which the police came and admitted the

          victim in the hospital and thereafter the family members of the

          victim were informed. The learned APP next submits that it is

          not in dispute that the call on 112 came from the mobile number

          registered in the name of the mother-in-law of the victim, the

          said submission is not disputed by the learned counsel appearing

          on behalf of the petitioners, but then the learned counsel

          appearing on behalf of the petitioners submits that this amply

          demonstrates that how shrewdly the mother-in-law of the victim
            Patna High Court CR. MISC. No.74341 of 2025(5) dt.15-01-2026
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                      has also been implicated in the instant case.

                                   9. After hearing the learned counsel for the

                      parties, the Court is inclined to extend the privilege of

                      anticipatory bail to petitioner no. 2, however, the Court is

                      not inclined to extend the privilege of anticipatory bail to

                      petitioner no. 1.

                                 10. The petitioner no. 2 above-named, in the event of

                      her arrest or surrender before the learned trial court within a

                      period of six weeks from today, 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

                      the learned trial court where the case is pending/successor court

                      in connection with Morkahi P.S. Case No. 109 of 2025 subject

                      to the conditions as laid down under Section 482 (2) of the

                      BNSS.

                               11. The personal appearance of the SHO, Morkahi Police

                      Station and the Investigating Officer of the case is dispensed

                      with.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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