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Patna High Court

Demanti Devi @ Deventi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the vague and retaliatory nature of the allegations, the petitioners were entitled to bail under Section 482(2) of the BNSS.

Summary

Demanti Devi and Sunil Kumar were arrested in connection with FIR No. 224 of 2025 alleging mental and physical cruelty, a second marriage, and other offences under the BNS. They contended that the FIR was filed retaliatorily after they lodged a criminal trespass case against the informant’s family, and that the allegations were vague. They also pointed out that the rape allegation in the FIR pertained to the father‑in‑law, who had already been granted anticipatory bail. The Additional Public Prosecutor opposed bail. The Court observed that the accusations of cruelty and assault were general and appeared to be a retaliatory measure, and therefore ordered the petitioners to be released on bail with conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to bail despite the FIR alleging mental and physical cruelty and related offences.
  • Whether the FIR is vitiated by being filed as retaliation for a prior criminal trespass case.
  • Whether Section 482(2) of the BNSS permits the grant of bail in such circumstances.
  • Whether the anticipatory bail granted to the father‑in‑law affects the bail application of the petitioners.

Legislation cited

  • BNS — s. 115(2), 126(2), 3(5), 64, 82, 85
  • BNSS — s. 482(2)

Subjects

  • bail
  • anticipatory bail
  • mental cruelty
  • physical cruelty
  • retaliatory FIR
  • Section 482
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88026 of 2025
                       Arising Out of PS. Case No.-224 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
           1.     Demanti Devi @ Deventi Devi W/o Ram Jatan Kewat R/o Village -
                  Dharampur, P.S - Chandi, District – Nalanda.
           2.    Sunil Kumar S/o Ram Jatan Kewat R/o Village - Dharampur, P.S - Chandi,
                 District – Nalanda.
                                                                      ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar.
           2.     Neha Devi W/o Rameshwar Kevat Village- Kewat Nagar, Ward -36, P.S.-
                  Nawada, District- Nawada.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Kumar, Advocate
                 For the Opposite Party/s :       Mr.Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   18-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioners apprehending their arrest in

                   connection with Chandi P.S. Case No. 224 of 2025 registered for

                   the offences punishable under Sections 126(2), 115(2), 85, 64,

                   82, 3(5) of BNS.

                                3. As per FIR, petitioners being mother-in-law and

                   husband alleged to commit mental and physical cruelty upon the

                   informant. The allegation against petitioner no. 2/husband is also

                   available qua solemnizing his second marriage. Further as per FIR,

                   the allegation of rape is available against father-in-law.
Patna High Court CR. MISC. No.88026 of 2025(3) dt.18-02-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that the allegation of rape is available

          against father-in-law, namely, Ram Jatan Kewat, who has already

          granted anticipatory bail by this Court through Cr. Misc. No. 50259

          of 2025 dated 11.11.2025. It is submitted that prior to lodging

          this FIR, the informant and her family members after committing

          criminal trespass to the house of petitioners, assaulted them for

          which a police case was lodged, which was registered as Chandi

          P.S. Case No. 221/2025 and in retaliation of aforesaid case, the

          present case was lodged after three days as a matter of an

          afterthought. It is pointed out that three years old son born with

          present wedlockes with petitioner no. 2. Both petitioners claimed

          clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as allegation qua committing physical and

          mental cruelty and also regarding physical assault is appearing

          very much general and omnibus against petitioners, where parties

          are also appears in litigating terms, accordingly, both above named

          petitioners, in the event of their arrest or surrender before the

          learned trial Court, within a period of four weeks of the order, is

          directed to be released on bail furnishing bail bond of Rs. 10,000/-
              Patna High Court CR. MISC. No.88026 of 2025(3) dt.18-02-2026
                                                          3/3




                        (Rupees Ten Thousand) each with two sureties of the like amount

                        each to the satisfaction of the learned S.D.J.M., Hilsa

                        (Nalanda)/concerned Court, where the case is pending in

                        connection with Chandi P.S. Case No. 224 of 2025 subject to the

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



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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