Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sunita Devi, sought bail in a dowry harassment case where she is alleged to be the gotini of the victim. The charges include offences under sections 498A and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The petitioner argued that the allegations were vague, she has a clean antecedent, and she fears arrest. The State opposed the bail application. The Court, after considering the facts, allowed bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs.10,000 with two sureties, invoking section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in a dowry harassment case under sections 498A/34 IPC and sections 3 & 4 Dowry Prohibition Act
- Whether the allegations constitute sufficient ground to deny bail
- Applicability of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- bail
- dowry harassment
- section 498A
- Dowry Prohibition Act
- criminal procedure
- section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81646 of 2024
Arising Out of PS. Case No.-248 Year-2023 Thana- LAKHNAUR District- Madhubani
======================================================
Sunita Devi W/O Chunnu Kamat R/O Village- Laufa, Ward No.-12, P.S.-
Lakhnaur, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Roshani Kumari W/O Vivek Kamat R/O Village- Laufa, Ward No.-12, P.S-
Lakhnaur, Distt.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, A.P.P.
Mr. Ratnakar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 05-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered
for the offence punishable under sections 498A/34 and other
ancillary sections of the Indian Penal Code and sections 3 & 4
of the Dowry Prohibition Act.
3. It is a case of torture and harassment for dowry.
Petitioner is Gotini of the victim. Allegation of torture and
harassment is general and omnibus and no overt act has been
alleged against her. She is separate in mess and business.
Petitioner claims clean antecedent.
4. Learned counsel for the State and the informant
oppose the prayer for bail.
5. Considering the aforesaid facts of the case, prayer
for bail of the petitioner is allowed. In the event of
arrest/surrender within six weeks from today, let the petitioner,
mentioned above, be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.81646 of 2024(4) dt.05-02-2026
2/2
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Additional Chief Judicial Magistrate I,
Jhanjharpur Madhubani in Lakhnaur Police Station Case No.
248 of 2023, subject to the conditions laid down under section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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