Patna High Court
Kalpana DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to the stipulated conditions.
Summary
Kalpana Devi and Niraj Kumar Mandal, mother‑in‑law and husband of Veena Devi respectively, filed a petition fearing arrest in a dowry‑related case registered under several sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The prosecution alleges that after Veena Devi's marriage in 2020, the petitioners tortured and harassed her for dowry. The petitioners contend that the proceedings stem from a petty family dispute and seek anticipatory bail, relying on a prior Patna High Court decision. The State opposed the bail. The Court, after hearing counsel, granted anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a case involving alleged dowry harassment and multiple offences under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115, 126(2), 3(5), 351(2), 352, 82, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- family dispute
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87002 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- NAUGACHIA MAHILA P.S. District-
Bhagalpur
======================================================
1. Kalpana Devi W/O Akhilesh Mandal Resident of the village- Telhari,
Dimaha, P.S.- Gopalpur, District- Bhagalpur.
2. Niraj Kumar Mandal @ Niraj @ Shrawan Kumar Mandal S/O Akhilesh
Mandal@Manni Mandal Resident of the village- Telhari, Dimaha, P.S.-
Gopalpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Veena Devi D/O Sadanand Mandal At Present R/at Pakra Tola, P.O.-
Bhimdas Tola, P.S.- Gopalpur, Dist.- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-03-2026 Despite valid service of notice, none appears on
behalf of the opposite party no. 2.
2. Heard learned counsel for the petitioners and the
State.
3. The petitioners apprehend arrest in a case registered
for the offences punishable under Sections 85, 126(2), 115, 82,
352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections
3, 4 of the Dowry Prohibition Act.
4. As per prosecution case, marriage of the opposite
party no. 2 was solemnized with petitioner no. 2 in the year
Patna High Court CR. MISC. No.87002 of 2025(3) dt.30-03-2026
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2020 and thereafter, all the F.I.R. named accused persons
including these petitioners tortured and harassed her due to non-
fulfillment of demand of dowry.
5. It is submitted on behalf of petitioners that
petitioner no. 1 is mother-in-law and petitioner no. 2 happens to
be husband of the opposite party no. 2 and present case has been
lodged due to petty family dispute. There is general and
omnibus allegation of commission of assault against them. It is
further submitted that petitioner no. 2 is ready to keep the
opposite party no. 2, as his wife, with full honour and dignity. It
is next submitted that the case is triable by the Magistrate. In
this connection, learned counsel for the petitioners has relied
upon a judgment of this Court in the case of Md. Naimul
Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State
of Bihar, reported in 2006(3) PLJR 182.
6. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail of petitioners.
7. Considering the aforesaid facts and circumstances,
this anticipatory bail is allowed and it is ordered that let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
Patna High Court CR. MISC. No.87002 of 2025(3) dt.30-03-2026
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two sureties of the like amount each to the satisfaction of
learned Sub-Divisional Judicial Magistrate, Naughachia in
connection with Mahila (Naughachia) P. S. Case No. 47 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
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