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Patna High Court

Ramnath SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners, having no direct involvement in the alleged dowry cruelty and being separate in property, are entitled to anticipatory bail under Section 482 of the B.N.S.S., 2023.

Summary

Petitioners Ramnath Sah and his wife Ramkumari Devi sought anticipatory bail fearing arrest in a dowry‑related case filed under Sections 85, 115(2), 89, 318(4), 61 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The allegation was that they had tortured and inflicted cruelty on the complainant, Beuty Kumari, for dowry, although they are her father‑in‑law and mother‑in‑law and claim no involvement in the family affairs. The husband of the complainant was already in custody since 30‑11‑2025. The State opposed the bail. The Court examined the petitioners’ lack of direct nexus to the alleged offence and their separate property status, and concluded that bail was appropriate. Consequently, the Court ordered anticipatory bail, subject to a bond of Rs 10,000 with two sureties each, if arrested within eight weeks, under Section 482 of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482 of the B.N.S.S., 2023 in a dowry‑cruelty case.
  • Whether the petitioners have sufficient connection to the alleged offence to justify denial of bail.

Legislation cited

Subjects

  • dowry
  • anticipatory bail
  • cruelty
  • Section 482
  • criminal procedure
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91735 of 2025
                   Arising Out of PS. Case No.-96 Year-2025 Thana- PURUSHOTTAMPUR District- West
                                                        Champaran
                 ======================================================
           1.     Ramnath Sah Son of Late Kanhaiya Sah Resident of village - Madhuri, P.S.-
                  Purushottampur, District - West Champaran.
           2.    Ramkumari Devi @ Raj Kumari Devi Wife of Sri Ramnath Sah Resident of
                 village - Madhuri, P.S.- Purushottampur, District - West Champaran.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.     Beuty Kumari Wife of Sri Dipak Kumar Daughter of Sri Birendra Sah,
                  Resident of village - Purbi Kargahiya, P.S.- Bettiah Muffasil, District - West
                  Champaran.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sharad Kumar Verma
                 For the Opposite Party/s :      Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioners and State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 85, 115(2), 89, 318(4),

                   61 of the B.N.S. and Section 3 / 4 of the Dowry Prohibition Act.

                                3. Allegation against petitioners is of commission of

                   torture and cruelty to the opposite party no. 2 for dowry.

                                4. Petitioner no. 1 is father-in-law and petitioner no. 2

                   is mother-in-law of the opposite party no. 2. Thrust of the

                   accusation is against husband of the opposite party no. 2, who is

                   already in custody since 30.11.2025. Petitioners are separate in

                   mess and property and have got no concern with the family

                   affairs of opposite party no. 2 and her husband.
           Patna High Court CR. MISC. No.91735 of 2025(2) dt.20-01-2026
                                                       2/2




                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of petitioners.

                                  6. However, considering the aforesaid facts and

                     circumstances, let the above named petitioners, in the event of

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged 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 J.M. 1st Class, Bettiah, West Champaran

                     in connection with Pusushottampur P.S. Case No. 96 of 2025,

                     subject to condition as laid down under Section 482 of the

                     B.N.S.S., 2023.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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