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Patna High Court

Ramita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners’ application for anticipatory bail, subject to conditions, under Section 438 of the Criminal Procedure Code.

Summary

The petitioners – Ramita Devi, Vishal Singh and Komal Singh – are the mother‑in‑law, brother‑in‑law and sister‑in‑law of the informant, Sweta Kumari, who alleged that they tortured her, attempted to strangle her and demanded a car in violation of the Dowry Prohibition Act and several provisions of the Bihar Negotiable Instruments Act. The FIR was lodged 25 days after the alleged incident, and the petitioners sought anticipatory bail under Section 438 of the CrPC. The State opposed the bail, contending the petitioners were involved in torture and an attempted rape. The Court, noting the familial relationship, the delay in filing the FIR and the petitioners’ clean antecedents, granted anticipatory bail subject to stringent conditions including surety, personal appearance and verification of criminal antecedents. The order was made clear that its observations would not affect the trial proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations of dowry harassment and other offences.
  • Whether the delay in lodging the FIR and the familial relationship of the accused affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • domestic violence
  • Section 438 CrPC
  • Section 3 Dowry Prohibition Act
  • bail conditions
  • in‑laws
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91426 of 2025
                 Arising Out of PS. Case No.-330 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
           1.     Ramita Devi wife of Ajay Kumar Singh Resident of village- Pipra Khem,
                  Ps- Kalyanpur, Dist- East Champaran
           2.    Vishal singh son of Ajay Kumar Singh Resident of village- Pipra Khem, Ps-
                 Kalyanpur, Dist- East Champaran
           3.    Komal Singh Daughter of Ajay Kumar Singh Resident of village- Pipra
                 Khem, Ps- Kalyanpur, Dist- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sweta Kumari Daughter of Brij Kishore Sharma Resident of village-
                 Shankar Saraiya Babu tola, Ps- Turkauliya, dist- East Champaran

                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ramakant Sharma, Sr. Advocate
                                                 Mr. Santosh Kumar Pandey, Advocate
                                                 Mr. Adarsh Parashar, Advocate
                                                 Mr. Rahul Singh, Advocate
                                                 Mr. Mayank Raj, Advocate
                 For the State           :       Mr.Arun Kumar Singh, APP
                 For the Informant       :       Mr. Abhishek Kumar, Advocate
                                                 Mr. Hemant Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   23-02-2026                    Heard Mr. Ramakant Sharma, learned senior counsel

                   assisted by Mr. Santosh Kumar Pandey, learned counsel for the

                   petitioners, Mr. Arun Kumar Singh, learned A.P.P. for the State

                   and Mr. Abhishek Kumar, learned counsel for the informant.

                                 2. Petitioners apprehend their arrest in connection

                   with Kalyanpur P.S. Case No. 330 of 2025 registered for the

                   offences under Sections 82(1), 85, 88, 64, 62 and 3(5) of the
Patna High Court CR. MISC. No.91426 of 2025(3) dt.23-02-2026
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          B.N.S. and under Sections 3 and 4 of the Dowry Prohibition

          Act.

                       3. The prosecution case to the effect that the

          informant has alleged that she was married to one Mritunjay

          Kumar Singh and thereafter, all the named accused persons

          including the petitioners started demanding a car and for which

          she was tortured and abused. It is further alleged that she was

          even burnt by boiling water and rice water. It has lastly been

          alleged that on 30.07.2025, the accused persons tried to

          strangulate her and thereafter, on the intervention of the police,

          she somehow managed to escape.

                       4. Learned senior counsel for the petitioners submits

          that the petitioner no. 1 is the mother-in-law, petitioner no. 2 is

          the brother-in-law (dewar), and petitioner no. 3 is the sister-in-

          law (nanad) of the informant. He further submits that admittedly

          the alleged date of occurrence is stated to be 30.07.2025 while

          the FIR was lodged after a delay of twenty five days on

          24.08.2025 without any explanation and moreover, as per the

          own averments of the informant, the police had came on

          30.07.2025. It has further been submitted that on plain reading

          of the FIR, it would be evident that absurd allegation had been

          levelled against the petitioners. It has next been submitted that
Patna High Court CR. MISC. No.91426 of 2025(3) dt.23-02-2026
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          the father-in-law had been sent to jail and he has been granted

          regular bail by a coordinate Bench of this Court vide order dated

          15.01.2026 passed in Cr.Misc. No. 309 of 2026. It has lastly

          been submitted that the petitioners have clean antecedent.

                       5. Learned counsel for the O.P. No. 2 as well as the

          learned APP for the state have vehemently opposed the prayer

          for bail and have stated that the petitioners were all involved in

          torture of the informant and one of the petitioners have tried to

          commit rape upon the informant.

                       6. Considering the aforesaid submissions and taking

          into account the fact that the petitioners are the in-laws and also

          taking into account the fact that the petitioner no. 3 is the

          married sister-in-law (nanad), while petitioner no. 2 happens to

          be the brother-in-law (devar) with vague allegations levelled

          against him, let the petitioners above named be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of four weeks from today,

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

          two sureties of the like amount each to the satisfaction of the

          learned Court below where the case is pending/successor court

          in connection with Kalyanpur P.S. Case No. 330 of 2025 subject

          to the conditions as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.91426 of 2025(3) dt.23-02-2026
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          of Criminal Procedure read with corresponding Section 482(2)

          of B.N.S.S. as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioners will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioners are found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioners and in case at

                          any stage it is found that the petitioners have

                          concealed their criminal antecedents, the court

                          below shall take step for cancellation of bail bond

                          of the petitioner. However, the acceptance of bail

                          bonds in terms of the above-mentioned order shall

                          not be delayed for purpose of or in the name of

                          verification.
               Patna High Court CR. MISC. No.91426 of 2025(3) dt.23-02-2026
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                                      7. Accordingly, the present application         stands

                         allowed.

                                      8. It is made clear that the observations, if any, made

                         in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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