Patna High Court
Demanti Devi @ Deventi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
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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