Patna High Court
Ramnath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 115, 318, 61, 85, 89
- B.N.S.S., 2023 — s. 482
- Dowry Prohibition Act — s. 3, 4
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
Checking your session…