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Patna High Court

Hemlata VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Hemlata Verma and Mithlesh Kumar, parents of the husband of informant Priya Kumari, applied for anticipatory bail in a case alleging dowry harassment, attempted murder and other offences under the Bhartiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The informant claimed that her husband, the petitioners' son, was deserted and that the petitioners, on her allegation, attempted to kill her due to dowry demands. The petitioners contended that the allegations were false, arising from a marital dispute exacerbated by the COVID‑19 lockdown, and that there were no specific charges against them. The husband had already been granted anticipatory bail by a co‑ordinate bench of the same court. Considering the general nature of the allegations and the prior bail to the husband, the court inclined to grant anticipatory bail to the petitioners, imposing bail bonds and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite the general allegations under Sections 351(2), 351(3), 85, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act
  • Whether the prior grant of anticipatory bail to the husband influences the decision on the petitioners' bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • criminal law
  • Bhartiya Nyaya Sanhita
  • Dowry Prohibition Act
  • Section 482
  • bail conditions
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90650 of 2025
                        Arising Out of PS. Case No.-92 Year-2025 Thana- CIVIL LINE District- Gaya
                 ======================================================
           1.     Hemlata Verma W/o Mithlesh Kumar @ Mithilesh Kumar @ Mithilesh
                  Prasad @ Mithlesh Prasad R/o vill - Kandha, P.S.- Wazirganj, Distt.- Gaya
           2.    Mithlesh Kumar @ Mithilesh Kumar @ Mithilesh Prasad @ Mithlesh
                 Prasad S/o Narayan Mahto @ Narayan Mahato R/o vill - Kandha, P.S.-
                 Wazirganj, Distt.- Gaya
                                                                   ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar
           2.     Priya Kumari D/o Sri Duryodhan Mehta R/o Ratan Niwas, Koyribari, P.s.-
                  Civil Lines, Distt.- Gaya
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aryan Singh
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026         1.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   Despite valid service of notice on Opposite Party No. 2,

                            no one appears on behalf of the Opposite Party No. 2.

                       3.   This application, for grant of anticipatory bail, arises out

                            of Civil Lines Police Station Case No. 92 of 2025, dated

                            03.03.2025,       disclosing       offences       punishable       under

                            Sections 351(2)/351(3)/85/3(5) of the Bhartiya Nyaya

                            Sanhita, 2023 and Section 3/4 of the Dowry Prohibition

                            Act.

                       4.   The prosecution case, as per the First Information Report,

                            is that the husband of the informant has deserted her for
Patna High Court CR. MISC. No.90650 of 2025(3) dt.01-04-2026
                                            2/3




                   the past four years and she is residing in the village. The

                   husband of the informant did not give her any money to

                   maintain herself. On 09.11.2021, the husband of the

                   informant came from Delhi and on the instigation of the

                   petitioners, he tried to kill her. It has further been alleged

                   that due to non-fulfillment of the demand of dowry, the

                   accused persons, including the petitioners torture her,

                   both mentally as well as physically.

              5.   Learned Counsel for the petitioners submits that the

                   petitioners are the mother and father of the husband of the

                   informant. The marriage of the informant was solemnized

                   with the son of the petitioners in the year 2021 and they

                   were living together at Delhi, but due to COVID-19, the

                   informant was forced to return to the village, which was

                   not to the liking of the informant and for this reason

                   alone, the informant has falsely implicated the petitioners,

                   who are having non interference in the life of the

                   informant and her husband. There is no specific allegation

                   against the petitioners. He further submits that the

                   husband of the informant has already been granted

                   anticipatory bail by a co-ordinate Bench of this Court,

                   vide order, dated 28.01.2026, passed in Criminal Misc.
            Patna High Court CR. MISC. No.90650 of 2025(3) dt.01-04-2026
                                                        3/3




                               No. 91011 of 2025.

                          6.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               there is general and omnibus allegation against the

                               petitioners and the husband of the informant has been

                               granted anticipatory bail by a co-ordinate Bench of this

                               Court, I am inclined to grant the petitioners privilege of

                               anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8.   Let the petitioners, above named, in the event of their

                               arrest or surrender before the Court below within a period

                               of four weeks from today, be released on bail on

                               furnishing bail bonds of Rs. 10,000/- (ten thousand) each

                               with two sureties of the like amount each to the

                               satisfaction     of    learned     Additional       Chief   Judicial

                               Magistrate-V, Gaya, in connection with Civil Lines Police

                               Station Case No. 92 of 2025, subject to the conditions laid

                               down under Section 482 (2) of the Bharatiya Nagarik

                               Suraksha Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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